can daughter's sibling's claim in grandfather property

sir it's grandfather's sole and absolute property. kindly guide us

For any case to give advice, full facts are required.  Whether your Grand Father is alive now? Only when your grand father is no more the question of inheritance comes. Then comes the question whether he died after executing a Will or died intestate. If there is a Will, the property goes to person named in the Will. If no  Will is there,  the property devolves to the first degree relatives for which all eligible relatives have to come together and write a partition deed and get it registered.If your grandfather (presuming he is no more) is survived by your Mother alone and nobody else, the assets shall be inherited by your mother.

Question of property being inherited shall arise only when the legal owner is no more.

Even if there is a Will, the same can be contested in a Court of Law based on valid points like forgery, duped to write the will etc.  However, onus of proof shall be on the Plaintiff who approached the Court.

Sir the grandfather is still alive his wife (grandmother) is no more. My mother in law has 4 brother's (1elder). With this regard both elder and younger (last brother) they want to give the property to my mother in law. As the grand father is been looked after in every aspect by her. The other 2 brothers Are are doing some drama regarding this. What can b done regarding this? Grandfather takes all the facilitys from my mother in law and her house at the end if the day he talks against them. Grand father is bit mentally imbalance too.

Property is not divided and he has don't done any will. If at all he has done any will how can we find out about this. Can taking out EC of the house help with this regard. Pls advice

The grandfather is not in best fit state of mind so any Will made by him at this point of time will be challenged and ultimately declared null and void by the court. If all the children of the grandfather agree for transferring the property of the grandfather in favour of your mother in law this will solve the problem now itself however if two brothers not agreeing while other two agree, than best course wait till the death of the grandfather, after that the partition of the property can be done, the brothers who are ready to reliquish their share in favour of your mother in law can execute such reliquishment deed of their share in the property, rest of the brothers paid amount equallent to their share in the property and get their reliquishment deeds in favour of your mother in law, otherwise sell the property and share of the proceeds divided between the siblings according to their shares in the property.  

"...Grand father is bit mentally imbalance too..."

This is a dangerous state of affair. You do not know whether any Will was already executed by your Grand Father. May be he had already executed a Will when his faculties were with him. We do not know. Apparently, you seem to be having some problem with your uncles. When there is no unity among the relatives, who are likely to inherit the property, there will be litigation. The property, as informed by you, is the self acquired property of Grand Father. If he had written a Will earlier, ie before the alleged mental imbalance set in, it will be perfectly valid. However, how to know these things. You cannot go round and ask everybody whether he wrote a will.

 

Your apprehensions that Uncles may dupe motherinlaw after all the service she is rendering. After all she is their mother. Will it happen? Nobody can tell. As of now there appears to be not much of alternative. Only when the old man expires, things will start happening and Will if any shall surface and naturally be challenged and contested by others, if entire estate is going unreasonably to a one or a few persons. 

 

Its better all relatives come together and come to an agreement to save litigation, mental tension and lots of expenditure involved in fighting court battles.

 

Sir if I want to know if my grandfather has done a will how do I go about it. Pls advice.

Sir if I want to know if my grandfather has done a will how do I go about it. Pls advice.

If the Will is registered, you can try getting the information from the Registrar through RTI. But, if the Will is unregistered and somebody kept with him/her, you will not be knowing. You Grand Father is, I presume is not in a position to inform properly. Others if they are the beneficiary, why they will reveal now? So back to square one. 

Will during the lifetime of your grand father is nothing but a piece of paper. It becomes effective only after the death of the testator. Even after the death, Will has to be Probated through Civil court and summon to all heirs issued for putting up with the objection if any and at that time your two uncles will challenge the validity of Will by stating unfit mind of the father at the time of making the Will. If Civil Court satisfied with the objection and hold Will invalid then the property of deceased will have to be distributed according to the. Law of Succession applicable to the parties.