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Property Share of my Father sister
04-Jan-2023 (In Property Law)
Hi Team,
I have a very small question that my father inherited the property from his Grandfather's brother since my father Grandfather brother had no family & legal heirs, hence my father's grandfather brother made a Will that his property shall be transferred to my father after his death.
Now my question is that can my father's sister claim a share if we sell this property and also note that "Will" is not registered and was made in 1965 and this property is inherited from my father's Grandfather brother and not direct grandfather. Please help.
If the property of your grandfather’s brother was a SELF ACQUIRED one then in that he had the full right to gift it or to inherent the same to any person by his own free will. Which according to the facts stated by you has been given to your father through an unregistered will and in such a case your father’s sister cannot claim any share in the said property.
Secondly, there is no such legal requirement as to register the will. It is not mandatory. The registration of the will is done for the authenticity of the document.
Please feel free to contact for any further legal assistance.
Thank you.
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Adv. Jia Kapur
Delhi | 200+ Answers
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As you have mentioned that the property has been bequeathed in 1965 by way of a will, and it has been acted upon till date, then as per the Will your father becomes the owner of the property and after his demise only his class-1 legal heirs can claim the share if he has died intestate. Sister is not a class 1 legal heir, thus she can’t claim anything. Also registration of Will is not mandatory as per law. For any further legal assistance please feel free to contact
Thanks
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Adv. Bhawana Pandey
Delhi | 1000+ Answers
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the owner of a will may transfer his property to anyone. it does not matter whether it's transferred to a family member or not. it also does not matter whether your aunt is happy from the consequences of the will having taken effect.
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Adv. Kawaljit Singh Bhatia
Delhi | 25+ Answers
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After will no one can claim property share but the will itself can be challenged
Secondly, if the property has not been transferred under your father’s name then your fatter has to get probate on will n her sister etc will become the party ..b in touch
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Adv. D. Khan
Delhi | 1000+ Answers
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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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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