Probate validates a will whether registered or un registered.
Share of married daughters
I have one elder brother n two sisters.My father wrote a will n distribute his property to me n my elder brother .he gave money to my sisters as gift deed n v have recoerd also.but my sisters r claming her shares from father ‘s self aquired property while according to will they r not authorized.i just want to know that can they ask for their shars against will? I told them about will but they r not ready to accept it .i m from punjab n my will is not registered but two witnessed is there on will .plz guide
Asked 4 years ago in Property Law
Religion: Hindu
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16 Answers
Earlier their name is written in intkaal after my father’s death but later v found will so can v delete their name from intkal on the basis of will of my father.plz guide
Asked 4 years ago
1. Your sisters have no share in the self acquired property off father and hence if your father decides to give his self earned property to you , his dragsters can not have any say though at the time of applying for grant of probate your sister can dispute the genuineness of the same.
2. However if your father is willing then to avoid future complications you can get a family deed of settlement in your name.
Your sister's would have no share in your father's self acquired property. The contents of the will executed by your father shall be followed. Registration of will is not mandatory.
You should get the property mutated in your brother's and your name.
Filing for probate of will is optional.
Yes. Their names can be removed on the basis of the will.
If as per will they are not authorized they will not have any right in self acquired property
Apply for probate of deceased father will
2) probate is judicial proof that will is genuine
3) sisters ha e no share in father property as it has been bequeathed to you and your brother
4) non registration does not affect validity of will
Better apply for probate as your sisters are demanding equal share in property
Get a probate of the will from district court or high court.
Your sister are not entitled to claim any share to the property bequeathed to you by your father by will.
Distribution of your father's self acquired property has to be done strictly in accordance with the wil..
Sisters do not have any share.
NO. Daughters don`t have any claims. And apply at sub registrar office to register the WILL. Will can be register after death of testator.
Daughters are legal heirs but disowned by father to inherit his property.
- As per law , In the case of a self-acquired property, A father has the right to gift the property or will it to anyone he wants, and a daughter will not be able to raise an objection.
- Hence she has no legal right to claim a share in the property distributed to your elder brother and you.
- Since, the said Will was executed in the presence of two witness, hence Registration of that WILL is not mandatory.
- Based on the WILL , you both can apply for mutation of the property in yours name,and further you can sell the same to anyone.
- You can proceed with Probate the said property , but your sisters will not appear before the Court for giving their NOC.
Good luck and dont forget to rating Positively.
If there is will the sisters has no right in the property.See even if not registered will is valid if father has signed and there are.two attesting witness.
See you can file for the probate of the will , based on probate you can transfer the property.
No they cannot ask share from self acquired property against the will of your father.
According to registration act it is not mandatory to register the will.
You need to probate the will for removing the name of your sister from intkaal of property.
They cannot claim anything against the WILL of your father.
If WILL specify his desire unconditionally it is valid and binding on parties.
Dear Sir,
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's 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 property 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.
