Query on will by grandmother

Dear Client,
In the case of testamentary succession, the wishes of the testator of the will shall prevail even though the will is registered or not. The Supreme Court in the case of Saroja v. Santhil Kumar (2010) has held that an unregistered Will is valid and enforceable in law. A will, irrespective of whether it's handwritten or typewritten, on plain paper in clear language and witnessed by at least two persons, is legally valid. Non-registration of a Will does not lead to any inference against its genuineness. Your paternal uncle cannot abet or hide the Will executed by your deceased grandmother to deprive the legitimate claim of other beneficiaries of the Will. Abatement of fact is a criminal offence under Section 107 of the Indian Penal Code and the abettor shall be punished for imprisonment up to fourteen years and liable to a fine. You can file a private complaint against your paternal uncle in the court of the Magistrate under Section 223 of BNSS which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the magistrate shall examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the magistrate. If the magistrate finds sufficient grounds for proceeding with the case, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. In the given scenario, to obtain the ownership of an individual share by the surviving legal heirs of the deceased owner, a legal heir certificate from the competent authority, like Municipal Corporation,/Tehahildar etc would be obtained to file a civil suit for partition of the said undivided property in the Civil Court having jurisdiction over the suit property. The death certificate of any deceased person is a public document and records of which are maintained by the concerned public authority, i.e, Municipal Corporation or the Registrar under the Registration of Births and Deaths Act, 1969. You can apply for a copy of the death certificate of your deceased grandmother from the said authority, if required, through an RTI application to obtain a legal heir certificate from the concerned public authority and the details of property left by your grandmother from the office of the Sub-Registrar office concerned. Upon receipt of the legal heir certificate from the concerned authority, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an order of injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice and suit for partition. If required, hire the service of an Advocate to navigate the issue in the right way.