Property distribution among family members.
My Dad (age 69) is elder in the family followed by four brothers (Raghu, Bhanu, Shyam) two sisters (Vimla & Kamal) and a Step Brother (Hari). Long ago when my Dad must be around 23 years old the economical condition of Family was not good. My Grandfather had then mortgaged a part of land (twice) which my Dad repaid and got back both the times. Later after some years the entire village was relocated and part of the land was acquired by government for Dam construction. We were given two land in lieu of the submerged land, a 1.5 acre & 0.5 acre near our relocated village also we were given opportunity to buy 2 acre of governments land situated elsewhere at a discounted rate. My Dad bought 2 acres of land by bearing entire cost himself. In the year 1990 my Dad's younger brother Raghu suggested to reconstruct a part of the house. As being elder my Dad was asked to pay 25,000/- and he was to pay 20,000/- The work of the house started but work stopped as the budget shot up and 40,000/- further was required. Dad's youngest brother Shyam is cunning and sensed this as an opportunity to sell the 0.5 acre of land. My Dad and Grandfather was against selling this land. A meeting was called to discuss this. In the meeting all family members including his youngest brother (Shyam) asked my Dad to purchase the land and fund the construction. To save the land my Dad borrowed and paid 40,000/- and got the house built. He should have registered the 0.5 acre land in his name but did not do so. The house rebuilt had three shops, one was taken by my Dad, other by Raghu as they both had funded the house and as Shyam was jobless he was asked to setup a shop in the third shop. Shyam immediately needed initial investment to the tune of 40,000/- to start his shop. He threatened my Grandfather with dire consequences if he did not gave a share in the property to raise funds for the shop. Under duress my Grandfather agreed to sell the 0.5 acre plot meant for my Dad as a Shyam’s but with an assurance from Shyam that he will no more be entitled in property. He agreed to this. Later my Grandfather made a handwrittren will in the year 1991 (four months before he died) and wrote all the distributions of land among all Son’s excluding Shyam. In that he wrote the ownership of the 2 acre of land (brought by Dad) in my Dad’s name.
During the execution of will in a family meeting the brothers did not approve of my Dad claim on the 2 acre land. We approached the Panchayat local court and they were willing to divide the property in such a way that my Dad gets his due 0.5 acre more than his share in the local village. This was not accepted by my Dad’s brothers. My both Aunts (Dad’s sister’s) want my Dad to get his due as whole life he had strived for the family.
My question’s are:
1) What shall we do now ?
2) Should we execute the will in court or approach court for the distribution of property among Seven heirs.
3) Can my Dad claim ownership to the 2 acre land he had purchased?
4) Can we have a stay on the use of the property by other uncles which is allocated to my Dad by the way of will?