Apni Law Staff asked 2 years ago
My father’s will, probated in 2000, gave me full ownership of our ancestral property. My sister, who lived in three rooms bequeathed to her by the will, passed away without probating her own will despite repeated requests. Can my nephew (my sister’s son) claim a share in the property through a public notice, even though he has never resided there or held any ownership rights? He’s relying on his mother’s unprobated will, while I’ve been in sole possession since 2000.
Best Answer
Apni Law Staff answered 2 years ago
Your nephew’s claim based on his mother’s unprobated will is unlikely to succeed. A will must be probated to be legally valid in India. Since your sister’s will wasn’t probated, it doesn’t grant your nephew any ownership rights, and your sole possession since 2000 strengthens your claim to the property.
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