My grandma has written registered a will in name of her son s 4 kids in the year 2008.since 2016 she is of unsound mind. In 2019 one of her grandson (who was not mentioned in the will) has received a gift settlement of the same property mentioned in the will. Will has never been cancelled.she is still alive and mentally unsound. How do we proceed in civil court.
The will is applicable only whe a person is not alive. However, any agreement is valid only when it is executed with full and free consent and of course in sound mind. In your case, giver is not sound mind amd hence that Gift is not valid. You need to challenge that Gift Deed in tje local court with medical papers of your Grandma.
Actually will comes in effect after the death of its writer so you can not take any advantage of will at this moment since your grand mother is alive.Every document is valid when its executer ,execute the same in good /sound mental condition,as per you your grandmother in unsound stat executed the gift deed so it is also in valid in eye of law.
Will is valid if it bears two witnesses and even during and after lifetime of the author, provided the author did not cancelled it or the will did not superseded any other conveyance deed made by the author! The will gets into effect after the author dies.
Challenge the gift deed and file an injunction to restrain your brother from taking possession or further selling or otherwise!