Is Injunction order not a immediate action

IT is expected that NO influence is casted in courts.

Court has clubbed the cases and fixed next date as per your post.

Apparently court has not faulted..

Hope you have engaged a very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/succession/property/civil matters, and having successful track record ….. and worth his/her salt ………

Your own counsel as suggested above and well versed with details and facts of the case must have already appraised you that court is wrong/not wrong……………..and might have even suggested to obtain stay/direction to not to alienate eth title/dispose the property till further directions by court…and that you may appraise the Registering Authority (SRO) and authority under whose jurisdiction property falls and even prospective buyer and release newspaper advt and/or display at site that court case is going on….

Discuss with your counsel in person..

A WILL is mere piece of paper  until IT is duly acted upon without any cloud on IT…

Only the title holder/owner can dispose the property by a valid WILL.

It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

It is not mandatory to probate the WILL in other areas. It is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

The authority under whose jurisdiction property falls e.g; MC, has a set procedure for such matters if the WILL has surfaced; ‘Testate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
 

Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter one can obtain copy of updated mutation records. Having attained rights equal to that of owner after due procedure beneficiary (ies) can dispose the property…

Check locally IF required procedure was complied with and obtain authenticated copy of mutation record with all link docs...

Your lawyer can also ask for such record in court and even the OP to affirm if any agreement to sign is signed and advance accepted..

Ask your lawyer to do the needful on next fixed date..

Which personal law applies in your case?

Or are you all Hindu?

Who was 1st owner of property; say your mother’s mother i.e. Maternal Grandmother?

How did property devolve upon her e.g; Is it self earned/acquired, or absolute or acquired from husbands side or from parents side?

The said property is agricultural land, rural, Urban, or it is a building?

The property is in which state?

Have the deceased i.e. your grandmother, mother, father, left any valid WILL?

Has any valid WILL surfaced so far? Or existence of WILL is just a rumor, gossip, hearsay?

Confirm!

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband and sons, daughters…………

If property is acquired from husband side and 1st right is of her sons, daughters…………

If property is acquired from parents side and 1st right is of her sons, daughters…………

Generically Speaking; Your mother should have a share IF there is NO valid WILL and WILL is not duly acted upon without any cloud on IT..

Check the record IF your mother (and all other legal heirs) signed any NOC/consent towards WILL…

Despite that the Beneficiary and Legal heir can enter into settlement and end disputes by Registered Family Settlement deed’ and this leave NO scope for future litigation..

Check IF IT is possible…and get out of legal mess…

Or one fine day court shall deliver the justice…on merits 

You may approach a very able counsel as already suggested above..

Dear Mr.Kumar Doab,

​I am very happy to see reply from you. Thank you very much.

​Myself, a lady filed Orginal Suit in a civil court for the share of property on behalf of my deceased Mother. And I am not aware that which personal law applies to me. Our family belongs to Hindu. My Mother's Mother (my Maternal grandmother) is the 1st owner of property and it's a self earned property by my grandmother through self employment. My Maternal grandfather is expired at younger age and no way consent with this property. The property is a land with a individual house and it's not a buliding, which is in rural area of Andhra Pradesh state.

​I never seen or know about the will but as per my maternal uncles said that they have registered will with the name of maternal small uncle's wife. Which is kept secert to my mom. As per my maternal uncles, the registered will is made at the last stage (1 year before the death) of my grandmother and only my big maternal uncle is the evidence for it. From last 10 years, the will had not been registered in the registered office (know through EC). I trust, they have a registered will because I came to know that through registered will by have taken a loan from bank. Why they didnt registered till now is a question mark to me?

My Mother didn't signed any NOC/consent or on will. And I also have a confusion that If my grandmother wants to write a will then she can registered it on small son but why she registered on maternal small aunt. And now big uncle is on neutral side and small uncle's family is rising a point that they are jobless. 

​Kumar, Can you please advice me how this whole process works under law. And my doubt is that how can my two uncles and grand mother can write a registered will on my small aunt. And there is no other proof is present except my big uncle signature. I trust, this is not the whole hearted decision of my grandmother.

Will registered by Registering authority should be valid.

Unregistered WILL with 1 witness can be invalid.

Start from mutations record with all link docs....

If WILL exists then beneficiary should submit in reasonable time.

Delay can cuase suspicion...

Chose a very able counsel as already suggested..