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Property

(Querist) 24 June 2013 This query is : Resolved 
property owned by father by his earnings/savings but property is in name of mother.Now father & Mother jointly by a will gives all the property to 1 of his son becoz father is serious and ultimatle died but mother is still alive...
Later on Mother feeling injustice with her other son and make another will giving property to her other son and died.

Whether this will can come in power ??
Devajyoti Barman (Expert) 25 June 2013
The second Will IF VALIDLY EXECUTED IS IN FORCE NOW.
R.R. KRISHNAA (Expert) 25 June 2013
You say that the property is purchased out of the funds of the father. In such case the first will is valid if the beneficiary of the will is able to establish that the property merely stands in the name of the mother and was purchased only out of the funds of the father and has been duly executed by both father and mother.
Adv Archana Deshmukh (Expert) 25 June 2013
I concur with R.R. KRISHNAA ji that the beneficiary of the will should be able to establish that the property in fact was purchased by the father only thought it stands in the name of the mother.


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