Hello there
My late Grandfather had three sons one being my father and all are now dead. Later I came to know that the property (residencial house) of my grandfather was mutated in local municipal records in the name of one my uncles. Prior to his death, my uncle transferred 1/2th of the property to his only daughter and the rest to me and my brothers through a registered will. My cousin and her husband had come to live with my uncle much before his death and are still occupying our share of property. We have got our share of property mutated in mucipal records in our favor and want to sell it but my cousin and her husband are not at all willing to vacate the property. Obviously They have their designs to grab whole of the property. In this context, please advise me on the following.
1. Whether transfer of the property by mutation in the name of my uncle and subsequently transfer of 1/2nd of the property by my uncle to his daughter has any legal sanctity?
2. Is obtaining a probate is necessary especially when the property is situated in a non-Presidency town?
3. What legal recourse we have to force my cousin to vacate the property so that we may sell it or can we still sell it even if under occupancy of my cousin ?
