Hello my esteemed learned friends,
I have the following query regarding my interest in a plot in Delhi worth about 40 crores at present market value.
The Plot, with a ground floor built, is in the name of my grandfather, who came from Lahore at the time of Partition in 1947. My grandfather died without a will in 1984. Leaving behind his widow(my grandmother) and 4 sons.
For some years thereafter, all four brother lived in the same house but in the 1990s, 3 of the brothers moved to their own new individual houses they bought using their individual incomes.
And 1 eldest brother with his family, continued to live in that house with my grandmother.
One of the brothers, the youngest one, died in the year 1996 leaving behind his widow and two sons.
Now that these two sons want to take their share in the property formally, what legal recourse do they have. I ask this because the eldest brother and his family are very obstinate and refuse to participate in any discussion regarding the division of the ancestral property. They say that the grandfather had made a will in the name of his wife, my grandmother, but there is no proof of such will existing. 2 of the brother even say there was no will, but the eldest brother insists there was a will, but refuses to show it.. The will, if it exists, was obviously not registered.
As you can see, the property in question is substantial. Thus, I would like to know from all of you what should one wanting to take his share do in this situation.
Regards
