Will
minaxi
(Querist) 11 November 2011
This query is : Resolved
Hello sir,
My query is about will.
After the death of his first wife my father got married with may mother.My father has the eldest son and four daughters form his first wife.
The all are at least 20-22 yrs elder than us.
We are three daughter of my father' second wife that means my mom.Now the problem is that my father is mentally sick his mind is not working form last 2-3 years.he has done will when he was working.In that will the hesitance of his property after death is my mom.We all are now above 24yrs.My brother leave our home after his marriage.He had cut all the relation with my father and us.He has govt. job.He never give us a single penny.From last 12 years may father is very sick.We make all arange ment of his medicine.Mu brother never come and asked about his health.From last 12yrs my mother is doing garment business and we are earning money to continue our study.Now when may father is very sick and lose his mentality he come and ask for part in property.All the 4 sisters are also have no care of my father's health.Now my problem is that can my mother make a will in presence of my father?Though my father has made a will.Pls give me proper guidance.
Advocate Rajiv Mishra
(Expert) 11 November 2011
Your mother can make her will quoting ''all the property found in her name at the time of her last'', but if ur father succeds ur mom, it will be useless.
ajay sethi
(Expert) 11 November 2011
your father is mentally sick . cosult best doctors for his treatment . if it is your father self acquired property he can bequeath it to youtr mother . since your father has already made a will it will take effect on hs death .
you will have to apply for probate of the will .
your brother cannot claim any share of your father self acquired property
i n case your mother desires she can make a will. however she can succeed to rpoperty on death of your father and does not have any interest in property as on date .
Devajyoti Barman
(Expert) 11 November 2011
Your mother can execute a Will as per her wish but that Will should not deal with any property belonging to your father.
Now if your father has self acquired properties only and his mental condition is sound enough then he can either execute Will in your favour or any deed of conveyance.
