My father in law have two brothers (eldest brother already deceased), who has 7 children and the next brother is unmarried and have no offsprings(he is also mentally not very sound) and my father in law have two children - my wife and his brother.
As per the probated will of my father in law's father, the land is divided into two areas, one part has gone to the eldest brother and their children and the other part is co-owned by my Father-in-law along with his elder brother (who is alive and unmarried). The name of my father-in-law also appears in the PATTA for the said land.
His elder brother who is still alive has written a will in which he has given the whole undivded plot (which includes also the part my father in law is owner) to one of the children of the eldest brother and the will is already registered.
Can you please suggest how we can go ahead so that my father-in-law can claim his property?
We cannot get hold of the certified copy of the registered will from the subregistrar office will as because the testator is still alive.
Please also let me know if we can file a case under IPC406 for this breach of trust.
