Co owner's right to change the Will

Querist : Anonymous (Querist) 16 January 2011 This query is : Resolved
My Father died 3 yrs back and left a handwritten will, leaving the jointly held property ( in his and my mother's name )equally to me and my sister after my mother's death.

My Mother prefers to lives alone and I live with my family in a rented house and due to poor health and frequent hospitalisation my mother shifted with us for the last 2 yrs and since she is fine now and gone back to her house.

During the period of staying together relations have deteriorated between my mother and my wife and further spoiled by my sister ( lives abroad and phones up daily ) who rather than resolve has been influenced by the daily negative talk on phone.

The property is self acquired by my father and in monetary terms not contributed by my mother as she is housewife and uneducated.

Recently I asked my mother for my family to shift in the house to save on the rent I pay but she has refused.

Kindly advise on my right to the property in terms 1) of shifting and living there and 2) in case she changes the will fully in favour of my sister.

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niranjan (Expert) 16 January 2011
It depends on the wordings of the will, however if your mother is given only right to stay in house till her death,she cannot alter the wish of testator, however if she refuses to stay you in that house is altogather a different question if not related to will.

A V Vishal (Expert) 16 January 2011
1) of shifting and living there and

Ans. You can enforce your right but the will is to be perused whether it states that your right accrues upon death of the mother, otherwise, things may turn from bad to worse.

2) in case she changes the will fully in favour of my sister.

Ans. Has the testator given a life interest in his will or something more is to be seen, if it is only a life interest then your mother cannot change the will and your share is secure.

Advocate. Arunagiri (Expert) 17 January 2011
Agree with Mr.Vishal, nothing to add.

G. ARAVINTHAN (Expert) 17 January 2011
After death of mother only, you will inherit the property.

Your mother have no right to change or modify the will

Querist : Anonymous (Querist) 17 January 2011
The keyto the query seems to be the understanding of the rights of the Co owner

1) if under Law the 2 joint Owners are treated differently ie 1st the self acquirer and the other secondary ie in this case the wife / housewife.

2) again under the law if the secondary co owner gains absolute rights after the death of the 1st self acquirer or not.

3) if the secondary co owner has absolute rights including change of will against the main 1st acquirer. Also if the will s valid if made by the main acquirer but not signed by the joint owner in a joint property.

V.Mahadevan (Expert) 17 January 2011
A reading of the opening para broadly suggests that the property would devolve equally upon the querist and his sister after the demise of mother.In view of this, the mother cannot alter or modify the WILL to the detriment of the querist's interest.He will do well to seek legal advice.

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