My grandfather relinguished/bequeathed by way of registered will in my name(grandson) with witnesses.One of the son(my taaya ji) of my grandfather have played fraud with all his brothers by producing an unregistered forged will without any witness along with affidavit and request letter in the municipal corporation for mutation purpose(for entering his name in the propertytax,housetax bills) in 1980's. We have a copy of those documents and one of the brother agreed and accepted this fraudelant activity and can act as a evidence and witness.Currently all the brothers are staying and in possession of their property.
Now in the year 1990's he (taayaji) filed a suit for partition in the court of law of delhi
clubbing all the properties (delhi and other states) giving a touch and ground of ancestral
in nature and requesting for partition and taking jurisdiction of delhi.Here in the plaint
he again presented another third will in his plaint which is unregistered and having two witnesses.
But during his cross examination(my taayaji) he accepted that both the will->One which was made in 1978 and unregistered and submitted in the high
court of delhi and another made in 1978 without any witness submitted in the municipal corporation for mutation purpose
are valid.
So i have following queries to be answered:
1) I want to evict them from my property along with charging them for rent since they occupy my property.How strong is my case for contest and justice?
2) Should i file another suit in the state where the property belong and jurisdiction lies or should i wait for judgement of honourable court based on the above evidence and acceptance by taayaji in front of court of law and can evict them from my property based on judgement.
Please advice.
