Immediate queries to be answered

If it is grand father own earned property, it is grand father wish to give any body through writing WILL. in case of intestate, it goes to his wife and daughter in  equal share. If the property belongs to great grand father property, then grand father brother can object on it. 

Also, if there are doubts about the Will your mother could contest it.....

A Will has to be clear to whom property has to be given. It can not say only don't give to XYZ.... Suggest find exactly what the document says and then proceed further...

Before dealing with your query I need following informations, namely,-

1. Whether the subject property is a self earned property of your Grand father or inherited property from his ancestors?

2. Whether your Grand father made any will or codicil in favour of any body?

From your given facts it transpires that the brother of your late grandfather is telling lies. Because he has no authority to hold the property depriving the legal heir of your late grand father and the late grandfather could not give him any authority to select somebody as owner of the property.It is merely a plea to deprive your mother from her licit right to property.  You at once serve a legal notice upon the brother of your late grand father claiming the right title and interest over the property.  If the subject property is a joint undivided and non-apportioned property your mother can lawfully claim the share of your late grand father by serving a legal notice for partition.

I agree with the experienced opinion and valuable advises rendered by most respected and senior learned  advocate Mr.Biswanath Roy on the  subject query.  I fully agree to his views on it.  If the property has been illegally occupied by your grandfather's brother, your mother may file a suit for declaration of title and possession of the property besides lodging a criminal complaint with the local police for grabbing the land belonging to her.

If Facts are it is no HUF/coparcenery property - if self earned - yr grand father can give his property to any he wished to;

when a Will is in question then testamentary law applies - that way probates need yo be applied for  - probate is granted after seeing no objection are received if recd they would be examined for their veracity if claims fail to tests the probates are grated per Will...\\

 

check if ur state has probate testamentary laws in place u can use or to proceed under civil laws is my view sir