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Joint wills

Querist : Anonymous (Querist) 03 October 2011 This query is : Resolved 
My father when he was alive wrote a joint will with my mother . The will states that after both their time the beneficiary will be me since my sister was already settled.

My father died 2 years ago. Can my mother change this will and change the beneficiary now after the death of my father.

My fathers original will is still with me so can my mother change this will.
adv. rajeev ( rajoo ) (Expert) 03 October 2011
your nother cannot change the will executed by ur father. At most she can execute the regd., rights relinquish deed in your favour for the properties which she has got thru., the will.
R.Ramachandran (Expert) 03 October 2011
The property was in whose name when they wrote the WILL?
Querist : Anonymous (Querist) 03 October 2011
It was in the name of my Father
Querist : Anonymous (Querist) 03 October 2011
Mr Rajoo what did you mean by regd rights or was that a typo.

Also would like to ask the other distinguished members that for some reason my father registered the property in his name and the house in my mothers name. Does this have any implication in the will.

All house tax has been paid through my fathers or my account and nothing by mother. My mother even today doe snot contribute anything towards the expenses of teh house like electricity bill,water bill house tax,repairs etc.
Arun Kumar Bhagat (Expert) 03 October 2011
The mother can not make a will for her husband's property.At best she can make Will towards her share. In the given situation if the property is of the father's then the entire property shall devolve upon the son i.e. beneficiary.
Querist : Anonymous (Querist) 03 October 2011
So sine the property is in my fathers name can she say that if on sale at a later date the proceeds have to be split with my sister in any particular manner
R.Ramachandran (Expert) 03 October 2011
Now you will realise how I asked that question. Otherwise, everyone might have thought that it was a joint property owned both by your late father and living mother.

Whenever anybody wants an answer, one has to first post the facts clearly, and then ask a query.

In this case, since the property was owned only by your father and since he had made a WILL, according to which your mother will have life term interest and thereafter the property will go to you. YOUR MOTHER HAS ONLY A LIMITED RIGHT TO ENJOY THE PROPERTY DURING HER LIFE TIME. IT IS NOT HER ABSOLUTE PROPERTY. SHE HAS NO RIGHT TO SELL, GIFT AWAY OR WILL AWAY HER PROPERTY. The property after her death will go to you. But, without wasting time, you have to get the WILL probated, if you had not already done.
prabhakar singh (Expert) 03 October 2011
One who takes pain to understand facts can arrive at a right answer.only now remains for me to appreciate the correct view taken by Mr.Ramachandran.
Raj Kumar Makkad (Expert) 03 October 2011
I do agree with Ramachandran.
Querist : Anonymous (Querist) 04 October 2011
So respected members Can I get the will probated through a lawyer without involving my mother .I have been named as the executor of this will.
Querist : Anonymous (Querist) 04 October 2011
ON going through the property papers I find when my father purchased the property 36 years ago it was purchase din joint name of my mother but the Khata is in my fathers name.

Does this give my mother to sell the property or make a will to give the property or part of the proceeds of sale after her death to her daughter?


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