Hello sir i am(birth-1960) 56 year old man. My father had died( in 1961) just after 1 year of my birth. Now my ‘father’s sister'(Buaa, aunt) (birth-1948) want to claim for her property. My grandfather(died-1998) make a will for ‘me and my mother’ but it does not register in tehsil(property office’s in district). All our property are ancestral, not self earned. Can she able to give that property. Please sir help me. Thank you !
An unregistered Will is also a valid Will. The rights delineated under such unregistered will is also as valid as ones under a registered will. To give effect to any Will, it has to be probated i.e approved by the Court as the last Will of the testator.
Whether or not a person can make a Will with regards to a particular property depends upon the title of the person making the Will. If the property is an ancestral property, your aunt will also have an equal right towards the said property irrespective of the Will. She can claim partition of the said property and her share in the same.