My grandfather has 7 childerns 3 sons and 4 daughters.
We have an appeal files against us from our 2 of the younger aunts (bua) to claim the share in the ancestral property. The other 2 elder aunts (one of them died 2 months back) dont want any share in the property so they have givens us the affidevit stating the same.
However my grandfather had registered a will in 1976 (when he was 55 years old), stating the equal share in all the property for all his sons only. He died in 2006 when he was 85. The witnesses also died but the will is registered.
The claim in the appeal is as follows:
1. The will is forged and bogus to should be null and void.
2. that my grandfather used to live with them and they cremeted them ( which is not true at all).
3. They want share in the ancestral property.
However i read the following in the 2005 law ammendment in "The Hindu succession (Amendment) 2005"
"A daughter become the copancer in her own right in the same manner as son and have same rights in the coparcenary property be subject to the same liabilities in respect of the same coparcenary property as that of son."
Provided that nothing conatined in this subsection shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of december, 2004.
Point to note that we have always serverd the aunts well and provided help what we could, that is why other 2 has not asked for any share. And the case was regiestered only 2-3 years ago when the rate of properties started climbing. We were shocked to recieve summons before any prior information from their side.
Now as i understand testamentary disposition ( registered will) has taken place before 2004, so still the claim is valid or we have any chance to win?
Also a point that My father and his brothers did not do a registered partition amongest them but they did do intekall after my grandfathers death. Does it has implication on our case?