We are owning a property in Noida at society flat (Rail Vihar) from 1997 onwards, paying all the bills, society charges. We bought this property with sale consideration (registered with partial stamp duty as registery was not open / allowed at that time). All the receipts of payments are with us. Owner has issued the WILL (irrovocable) that is registered also with wittnesses.
1) Owner who issued the will and sales agreement has expired. One of the wittness (his son) has expired too
2) Due to regulation changes, we have to register this property in consent with society and dependents of owner. When we approach the dependents of owner they refused to co-ooperate driven by greed (as common in this county now..I am ashamed to convey this)
3) With no option left out we have to file a case for WILL PROBATION. Owner's 2 sons objected stating they have another will on their name (we haven't seen that will as case in in stage of deciding the "Varis"
Questions
1) Whether someone who wrote the will, registered as well as accpeted the sale consideration money for property can re-write the will (as he has already accepted the sale consideration so any new will should be void / illegal) as person lost the right of ownership
2) Case is from my side on my wife name (with 2 daughters - minors) can we request the court to expedite the case due to woman with minor children. What is the process for this?
3) Case is look after by my father - senior citizen as family have to stay with me at Job place (2000 KM away) and the case is in Noida. How can we officially authorize our father to represent the case in court and in that case can we request the court to expedite the case as my father is sr. citizen
I shall be thankful for answers and would like to consult further with expert on WILL PROBATION cases, Thanks
Vineet Kumar
