I am a Hindu.I live with my parents,grandmother and my father's unmarried brother in a flat in New Delhi.
My grandparents have 4 sons and 1 daughter.
Daughter Vinita married a Christian,but she is no more.She has 2 daughters and 1 son.
My grandparents' 4 sons are alive,Their names are:
1. Ashish married to Sangeeta
2. Sanjay(unmarried and retired)
3. Atul- married and settled abroad
4. Deepak (my father)
Ashish lives with his wife Sangeeta in another area of Delhi.
My grandfather had purchased a flat in 1978-79 in New Delhi.Now its present value must be between 1-3 crores.
He died in 2007,after writing a will in his own handwriting,signed by 2 friends as witnesses.
This will said 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.
Now,since property rights lie with my grandmother who is alive,my grandmother presently wrote many signed papers where she wrote her wishes.
In 1 paper she wrote:
After her death,her unmarried son Sanjay will be cared for by Mr. Ashish & his wife Sangeeta.They will also take care of Sanjay's bank account papers,etc.
She also wrote that Sanjay will live in this present house alongwith his his brother Ashish and bhabhi Sangeeta(where we presently live alongwith my grandmother and Sanjay.).Sanjay's money will be used for house renovations,etc. whenever they are needed.
Even the name of the other son Atul who lives abroad is missing is this paper.
The main thing is that in this paper,there is no mention of how this flat and other assets of my grandparents will get divided amongst their children.It only talks of who will live in this flat.
My questions:
1. Can Mr. Ashish and his wife Sangeeta ask my father to leave this flat where we live presently,after my grandmother's death?
2. Can Ashish sell this flat and take away all the share, if my parents leave this house?
3. What can my father do to prevent Ashish from selling this house and taking away all the share,after my grandmother's death?
4. How can my father claim his share,if Ashish tries to sell the flat and take away the share?
5. Can the children of my deceased aunt also claim any share,even if my grandmother has not written anything in their favour?
