Property given by father through Will. Can sister claim share in it?


Can my sister claim her share in a commercial property that was Willed to me by my father? I have a shop in South Ex (Delhi), and it is a commercial shop and my bread earning. It's on my father's name and we are three brothers and one sister.

 

My brothers agreed to transfer the shop on my name but my sister is asking for her share. My dad wrote a will in my favour but it's not registered.

 

Can my sister claim her share in my shop?

 

Answer

 

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 and you shall get the shop. 

 

You sister can only claim a share if the property was a coparcenary property and not a self-acquired property, but in your case it is your shop registered in your fathers name which means that it is your self acquired property in your fathers name and he has drafted a will in your favour. So she cannot claim a share in the property.

 


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