quesProperty 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?


  • ans


    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.


  • Send a legal notice to builder for delay in construction @ Rs. 1999/- only

    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Property lawyers in India

Similar questions

My family stay for past 20years in a property .and my nebhiours made the property…
My Grandfather mother's (Already has 3(2male+1female) Childrens) has 2 marriages and both are legal. 1st…

Is a Boy's father's mama's son's daughter a Sapinda as per the Hindu Law? Need…

'A' has a son 'B' who has two sons 'C' and 'D' both of whom…

Property Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Mohammed Abdul Quadeer

  Shree Ram Nagar
 Experience: 11 years

View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly