We are Hindu Family .My Grandfather Wrote and Registered a WILL about a House for his Two Sons as Two Equal Parts and My Granpa Died.
House has Two Floors and my Grandpa said Either Floors can be used by anybody.
Two sons name as Kanna and Vinayaga.
Kanna was Elder and Vinayaga was Younger.
NOW, Kanna has 2 sons and Vinayaga has one girl and one boy children.
In that WILL, it is said that there will be NO property rights for Grand Girl Children.
While Writing the WILL, Vinayaga has only One Girl Child, So my Grandpa added a Line in the WILL, that incase if Vinayaga has Boy Child in Future, then Vinayaga can continue his property share right to his son.
After some Years, Vinayaga's Wife died after givng birth to her Son named RAJU. Now Vinayaga Marries another Girl and gives Birth to another TWO sons. The Second Marriage was NOT registered Legally.
After some Years, Vinayaga also dies because of Bad Health. Kanna Tries to Protect the property from Vinayaga's Second Wife, who was trying to cheat him. Now Vinayaga's First Wife Son, RAJU was MAJOR AGED. But Still RAJU not proves That he is Legal Heir of Vinayaga. RAJU has inability to make Self-Decision and he is in Control of Vinayaga's Second Wife.
Finally Kanna Transfers his Property rights to his Wife Banu, when his sons are MINOR AGED. Vinayaga's Second Wife also, asking for property rights for his sons but NOT for Vinayaga's first wife's son RAJU.
NOW, the Land Registration - Encumberence Certificate shows that the House Property Belongs Only to Kanna's Wife Banu.
Land Patta ( Land Revenue and Property Tax Documents) also shows only the name of Kanna and Banu.
Now the Questions are as Follows?
1. If Kanna likes to Sell the Property, Can he Sell Independently? (since Land Documents are in favor of Kanna only)
2. Whether my Grandpa's WILL Controls the Land Registration? Whether the WILL is necessary for NEW BUYER of Kanna's Property?
3. Is it Necessary, to Get Authorize from Vinayaga's Second Wife or Vinayaga's First Wife Son, if Kanna Likes to Sell Property?
4. Whether, Kanna has any Chance of Making the Vinayaga's family to be out of the Property?
5. Whether Raju, has Chance to Prove the as LEGAL HEIR of Vinayaga, and to Claim Property Rights?
Kindly Answer my Questions by mentioning the respective Question Numbers. I HOPE you all Help me in solving this so Tough Problem in my family.