Legal Question in Civil Litigation in India

My father had 5 sons (I am youngest) and a daughter. He died in 1991. He had 2 houses. He wrote a will on a plain paper before his death. He gave shares to my 3 eldest brothers in the first house. He gave shares to my another brother (called RKA henceforth) and me in the second house. He did not give anything to my sister in his will. She was married by that time.

The portion of the second house which I received as my share in my father�s property has two storeys. There are 2 shops on the first storey. My father had rented these shops to two tenants. After my father�s death in 1991, I started receiving the rent of these shops. I gave the second storey of my portion to RKA for his residence without charging any rent.

RKA died in 2012. In July 2013, his son (i.e. my nephew) got vacated my shops by paying some money to my tenants and grabbed them. Now, my full portion on both the storeys is under his control. I want to file a court case against my nephew in a district court to vacate my shops as well as my portion on upper storey and sell it.

My nephew is planning to demolish my whole portion and reconstruct it after amalgamating it with his own portion, i.e., the portion which my brother (RKA) received as his share in my father�s property. I also want to get am immediate stay order from the court on his intentions.

Both the houses of my father are located in a town named Puranpur, Distt. Pilibhit, U. P. which I left about 47 years ago. I am living in New Delhi for last 35 years. Before that I had been living in some other places.

The only document which I have is a photocopy of my father�s will which is on a plain paper and has not been registered by him. The original copy was with RKA. The will bears my father�s signature and also the signatures of two witnesses. Somebody told me that this will is not authentic and does not have any legal value. However, we 5 brothers and our sister have never raised any objection to this will during last 22 years and we have been observing it in totality after my father�s death.

The 2 tenants of my shops used to send me the rent by money order from Puranpur to New Delhi for last 22 years. I have a few latest receipts (the message portion) of money orders sent by them. Besides this, I also have copies of some correspondence which I had done with my tenants about 3 years ago.

Please answer the following questions:

1. Kindly advise whether these documents are sufficient for proving my ownership of the shops and on my portion on the upper story.

2. If not, what more documents should I try to posses?

3. What are my chances of winning the case?

4. Do I need to send a notice to my nephew before filing the court case?

5. If yes, please help in drafting this notice and the court case.

6. Will it be possible for me to get the stay order from the court?

N. B. - I will have no difficulty in proving that I am my father�s son since his name is mentioned in all my documents like my High School Certificate, my voter card, PAN card etc. My high school certificate also mentions that I have passed from a school of Puranpur.

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