Hi, am new to Kaanoon.
My aunt has executed a WILL on my name, and this a registered WILL.
My aunt is unmarried and died in 2013. The property is a ancestral property. She died suffering from cancer, and since her siblings dint even bother to take care of her, she executed a WILL on my name.
The property was divided by her and her siblings(2 brothers) in 2000, and during this time her father was not alive, he expired in 2009. Also this property division was written on a paper in 2009 and also in 10rs stamp paper. And from then the properties were enjoyed individually. But the said property was not registered at sub register office and now the property is in joint names in RTC. Taking this as advantage, her siblings has filed a case in court asking for partition(OS Suite),equal share among them after the death of my aunt.
Now i have become one of the defendant in the case, as i was allowed to participate in the case. Now i need to prove that the said property was partitioned earlier and prove my aunt as executed WILL on my name.
Now the question is, the said WILL is valid, or how can i prove that the partition was done earlier as the said property is in joint name of my aunt and her siblings in RTC now.
As i don't have much knowledge of Kaanoon, i have used simple language.
Thanks,
Mahesh
Asked 7 years ago in Property Law
Religion: Hindu
Hi, thank you all who replied with Great Interest.
Now the issues have been formed as below:
Issues:
1. Whether the plaintiff process that the suit schedule properties are the ancestral and joint family properties of the plaintiff and defendant No.1 and No.2
2. Whether the defendant No.3 proves that the earlier partition between the plaintiff and defendants.
3. Whether the defendant No.3 proves that 2nd defendant has executed the WILL in his favor with respect of the suit schedule property.
4. Whether the plaintiff is entitle to claim the share in the suite schedule properties as sought for?
5. What order of decree
Now my question is will the "Hindu Succession (Amendment) Act, 2005" impact on my case, because according to this amendment it says there is no rights to a woman in ancestral property if her father has dies before 2005.
My aunt father expired in 2000 and after that the partition was made in the village.
As i understood, according to Hindu Succession (Amendment) Act, 2005, a daughter has equal rights to ancestral property her father died after the amendment, that is after 2005. But here in my case the partition was done and was enjoyed individually, this amendment will not effect my case, is what i belive.
Please correct me if am wrong.
What i need to do if in case this amendment would effect my case.
Thanks,
Mahesh
Asked 7 years ago