Pls guidance and provide your esteemed advise pls..
My grandfather (father's father) purchased a piece of property in 1970. and died without any will. My grandfather has a son and a daughter. Daughter got married in 1992 and become widow in 2012 and She has no children and living wiht us. My father has two wifes. Ist wife died in 1974 and Two sons are for her. My mother was 2nd wife and i and my sister. My father's sister is now with us. My father left a registered will in favour of my mother and after my mother, if any left in that portion, will belong to me and my sister equally,citing the balance property(a portion of the above was sold in 1990 itself by my father).
Ist wife's first son, gave a relinquishment in 1990 itself and left. first wife's second son has gone to court and dropped a case and somonn has come to me mentioning that he has approached us (I and Ist wife's First son are the opposition party) a partion of the balance property and We have not accepted and now he want 1/3rd share of the left out property i.e., 3 shops of 10*10 size.
My doubts are:
- Whether the will which was executed by my father has any power,?, If yes, what is the procedure to be adopted.
- The balance property belongs to my father and my Aunt ..each 50% right.(total 330sq. in that 165 sq.ft)
- recently my aunt has relinquished her 50% right on the above property in favour of me.
- In other side, the legal heirs for my father are myself, my mother , my sister, and Ist wife's second son( 165sqft - 4 legal heirs = each 41.25 sq.ft). ,
- In that case, now our share means (myself with my aunt's shre, my mother and my sister's share) is 87.5% and balance 12.5% right is with Ist wife's 2nd son. In this scenario, how will be the judgement and how much time it may take.
- Moreover, the rent for the 3 shops are forceably collected by 1st wife's second son (since he is arrogant, local rowdy). Kindly advise the legal procedures to collect the rent from shop tenants
