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Siblings trying to claim share in my share given in will
13-Nov-2023 (In Wills / Trusts Law)
I am an Hindu and staying in mumbai in 2bhk with mom&dad which is on dad's name.dad (expired2005) and mom expired in 2012.my dad purchased a shop (2002)in my name and in the will he did not specified that it has to be divided to my siblings.my elder brother has been given a shop which is in my mom name and a flat and a share in the flat where I am staying.my sister has been given all gold of my mother and a share in the flat where I am staying and younger has been given a flat and a share in the flat where I am staying. As the will is been written in Marathi it is a bit confusing.he specified that the flat which they stayed or currently I am staying has to be divided equally .and specified every thing who is given what.but the shop purchased in my name has not been divided.but still my brothers and sister say they have a share in it.I want to know how far they are true.should I have to give them the share in my shop even after getting there shares.please help me
The Delhi Govt. has recently notified that the unregistered Will may not be considered as substantial proof of ownership for its beneficiary, until and unless the beneficiary obtains and submits a succession certificate / probate order of such unregistered Will from a competent court of law.
So if your dad has written the Will in your favour, then you can file a probate petition for the grant of succession certificate in the Court of Law and if it is proved that the Will is genuine and it's validity is not contested by anyone, then the Court will grant the probate in your favour
So if your dad has written the Will in your favour, then you can file a probate petition for the grant of succession certificate in the Court of Law and if it is proved that the Will is genuine and it's validity is not contested by anyone, then the Court will grant the probate in your favour
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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