We are Hindus,living in South Delhi.My late paternal grandfather purchased this flat in 1979 where we live.He has 5 children(4 sons and 1 daughter).
In 1998,he wrote his will in his own handwriting,signed by 2 of his friends as witnesses.He died in 2007.Now his witness friends are also no more.That will was never registered.
This will stated that if he died after my grandmother's death,this flat and all his money will be equally divided amongst his 4 sons.But if my grandmother remains alive after his death,only she will decide how she wants this flat and money to be divided.
2 days back,my grandmother made her will,where she followed my late grandafather's wishes only, that this flat will be equally divided amongst the 4 sons,leaving out her daughter.Her will was printed,and she signed it in presence of 2 known witnesses.
The brothers are deciding to sell this flat only after grandmother dies.
Questions:
1. After grandmother's death,if we follow her will by selling this flat and dividing it amongst the 4 sons equally,can the children of my aunt who was not given any share,claim any share in it?
My grandmother's will is not registered.My aunt had married a Christian in 1969 and has 3 adult children.She died in 1994,ie,four years before my grandfather had written his will.
2. Is there any way to prevent my aunt's children from claiming their share?
These children never keep any relation with my grandmother,hardly meet or call her or any of us and socialise only amongst themselves.In our house also whenevr they stayed when our aunt was alive,they only played politics in our family.
3.Is it a necessity to get the will registered?
4.Any other precautions,so that the flat may be sold easily without obstacles,after she dies?
