Probate on will for co-share in undivided property

We live in an unpartitioned house-property which had been gifted to my grandfather by her mother. Subsequently, on demise of my grandfather and grandma my father and my uncle inherited the property as legal heirs, no legal partition made.. Recently, on death of my uncle , his son has come up with a will supposedly made by my uncle in which he had specifically mentioned mode of his share in this undivided property. Can my uncle's legal heir take probate of such will without informing my father?