Thank you all for the replies so far. In answer to your questions:
“whether your grandpa's will is the one and only final will?”
This is what I am not sure about. Does the newly created deed hold any weight?
“at the time of execution of the said will Your father was alive?”
No, at the time of execution of my grandfathers will, my father had already died
To clarify, the timeline:
First : Father dies
Second: Grandfather creates will
Third : Grandfathers dies
Fourth : New deed created (by the other 4 brothers)
“"Adharam" i could not get it proper meaning”
It’s a Malayalam word I guess for the document which contains all the details of the property / ownership / partition. Definition of adharam:
It is a document written by an authorized licensee in a stamp paper as per the value of land and registered in registrar office about the transaction made to a property. It can be a will, or a transaction. It includes the area, boundaries and sketch about a particular piece of land.
“was that WILL got registered”
Not sure what you mean here?
Also, what you say is also true even if my father was not the largest shareholder isn’t it? If one person had refused to sign for the new partition, this would make the new document invalid, would it not?
I guess what I am wondering is, does the fact they have stated for the reason behind the re-partition hold any weight? They are saying that since no land tax was paid by the sons after my grandfather died, the property was still under my grandfather’s name and so had to be repartitioned (i.e. a new document created). They also referred me to the following:
State of Kerala versus Abdullah Kutty & Others 1969 (Kerala Legislative Times - KLT 803)
Recital in the document that partition already took place and the documents to evidence it is a partition. All the executants mentioned in the partition need not sign it.
Kerala Law Journal. KLJ 143 of 1969