My grandfather (expired in Jan 15, grand mother expired in 2011) owned a self acquired house in Delhi. The house consists of GF, 1st Floor and 2nd Floor.
He was living and being looked after by his younger son, my uncle, who occupied GF and 1st Floor since 1975, (top floor was given on rent)
My father was also living in the same portion along with my uncle for 4 years before shifting to bangalore 30 years back in 1984,
My father along with his two sons (including me) are settled in bangalore only since 1984.
My grandfather made a will in Mar. 2013, properly registered with court and witness being two persons who are known to my father. Instead of fifty/fifty share, he gave GF and 1st Floor to my uncle (his younger son) saying that since he is living in that portion from begining and settled in Delhi along with his two married sons.
He gave top floor to my father (his elder son). The will was given by another relative after his death, to my father and uncle.
We checked the will, its validity, and registration etc which is all in order as per law but we feel cheated on being given only top floor and not 50%. I consulted a local lawyer and he advised that 1. if there is a will of later date than Mar 2013 even if unregistered we can file claim on basis of that will. 2. or if we can prove that my grandfather was not mentally fit and influenced by my uncle. 3. By filing a court case on any such ground, we can stop the transfer share of property in uncles name and 4. My uncle may be asked by court to vacate the house till the case is settled.
My concern is that we dont have any solid ground to prove above points and the lawyer is ringing me again and again to pay his fee and file the case. If we ask him what are our chances of winning the case he says 1% to 100% and offers no guarantee which i can understand.
My question is
1. Can a registered will be challenged by me (as my father is not much interested in this dispute) and on what grounds.
2. Since the contents of will were not known to my father but i doubt it was known to my uncle, does that make any ground to challenge. Even the witness, known to my father never told us about the will saying that my grandfather asked them not to do so.
3. Can I/my father stop my uncle to execute will and stop transfer of property.
4 Can we challenge the will in court to claim 50% value of property on basis of hindu succession act.
