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manager

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OPINION REQUIRED UNDER  SECTION 63 OF ACT WILL DATED 02/06/2008 - A) MR .THIYAGARAJAN AND  B) MRS ANADA SEKAR WIFE- BOTHE JOINTLY EXCUTED THE WILL IN FAVOUR OF THEIR ADOPTIVE CHILD MR DINESH PRABHU ON 02/06/2008 PARTY C

TWO)

ABOVE WILL AFTER EXCUTION { A} DIED ON 20/12/2010 ,PARTY B HIS WIFE CANCELLED THE JOINT WILL

ON 09/06/2011 AND SOLD THE PROPERTY TO THIRD PARTY BY SALE DEED ON 10/06/2011.

 property belongs to a...however in the same willcancel by both a and b. in this mean time a died

OPINION REQUIRED UNDER  SECTION 63 OF ACT 1925JOINT WILL DATED 02/06/2008 - A) MR .THIYAGARAJAN AND  B) MRS ANADA SEKAR WIFE- BOTHE JOINTLY EXCUTED THE WILL IN FAVOUR OF THEIR ADOPTIVE CHILD MR DINESH PRABHU ON 02/06/2008 PARTY c

TWO)

ABOVE WILL AFTER EXCUTION  A DIED ON 20/12/2010 ,PARTY B HIS WIFE CANCELLED THE JOINT WILL

ON 09/06/2011 AND SOLD THE PROPERTY TO THIRD PARTY BY SALE DEED ON 10/06/2011.

 

PONT NO 3

PLEASE CLARIFY WHETHER THIS SALE DEED IS LEGALY VALID

AGAINST THE JOINT WILL MR DINESH ADOPTIVE CHILD PARTY  C CAN CLIM THE PROBERTY..

AGAINST THE WILL.C

 

PONT NO 3

PLEASE CLARIFY WHETHER THIS SALE DEED IS LEGALY VALID

AGAINST THE JOINT WILL MR DINESH ADOPTIVE CHILD PARTY  C CAN CLIM THE PROBERTY..

AGAINST THE WILL.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Depends on the terms and stipulations of the will. Normally a joint will can even be cancelled by the Other half, if that is so, then the sale deed is valid, however a concrete answer would depend on a perusal of the wills and related documents. Consult a local lawyer.


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Corporate Lawyer

Joint wills may be executed by a married couple to ensure that their property is disposed of identically. Neither should be confused with mirror wills which means two separate, identical wills, which may or may not also be mutual wills.

A joint will is a single document executed by more than one person (typically husband and wife), making which has effect in relation to each signatory's property on his or her death (unless he or she revokes (cancels) the will during his or her lifetime). Although a single document, the joint will is a separate distribution of property by each executor (signatory) and will be treated as such on admission to probate. Historically such wills had an important role in ensuring property passed to children of a marriage rather than a widow or widower's spouse on a remarriage.

Hence, A Joint Will is a testamentary instrument whereby two or more persons agree to make a conjoint Will. Where a Will is joint and is intended to take effect after the death of both, it will not be enforceable during the life– time of either. Joint Wills are revocable at anytime by either of the testators during their joint lives, or aster the death of one, by the survivor.

As regards will of wife which was in joint with that of husband, the same could be cancelled, however, the will of her husband could not be by the wife under no authority to do so. Wife having cancelled the joint will is perse illegal and the sale is bad in law. You have submitted that property stood in the name of A being owner, in such case the sale is bad and the property shall be transferred to the beneficiary.

The beneficiary has right to sue B and the person/s to whom the property has been sold, challenging the cancellation of will and sale of the same, on the basis of the ownership of property in the name of A and A having expired, the property transferred to beneficary. File Suit for Declaration, Permanent, Perpetual & Mandatory Injunction & Cancellation of Sale- Deed.


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Advocate

I agree with Yougesh V Nayyar. In a mutual Wills, if A the deceased has stood by the Will without any alteration to his Will the survivor are bound by it. Since the Probate Court is only concerned with the last Will, the personal representatives of the survivor nevertheless hold the estate in trust to give effect to the provisions of the mutual Wills, and any sale dehors the mutual Wills would be void as there is no power to revoke the Wills  except by mutual consent. Since the probate court is not concerned in deciding any dispute to the title, seperate suit would be maintainable to challenge the Sale Deed dated 10-06-2011.


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manager

dear mr yougesh nayyar.....

joint will had the clause either party can canell the will at any time as may think... in this case A died

b cancel.  also b is not geting any benefit from the will......

 
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Corporate Lawyer

B cannot cancle the will which has been executed by A as B cannot enter the shoes of A. B cancelling the will executed by A subsequent to death of A, act of B is illegal and bad in law.


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Advocate

Will by its own nature ir revocable during gthe life time of the testator,  and if the testator die without revoking the will that Will will be final.


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Corporate Lawyer

The same being joint will despite the fact that it does have a clause that the same can be revoked or cancelled by either of the executors, the same shall not be so as act of one testator/executor cannot be revoked by the other and the same shall be redundant in effect. If the will is not revoked during the life time of either of the executors, the will to the effect of the executor shall be implemented and the same cannot be revoked subsequently as one of the executors of will is dead and the will becomes final without any challenge to the same. In such event, even the second executor of the will cannot revoke or cancel the same.


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Advocate

Yes, Yougesh V Nayyar is absolutely right. Will is revocable, but when there is a single document of the will as mutual will executed by husband and the wife with the expression "our property" our present wishes" "our will" etc; it is a strong evidence that there is no power to revoke except by mutual consent. Having executed the will and died the mutual Will reaches its finality. But if the will pertains to their respective property and the husband revoke the will and died and the wife execute a fresh will Probate would be issued only in respect of the Will of the wife. Here, if the mutual will in respect of the property of the husband was revoke both by the husband and the wife as you pointed above, there is no point for the wife to revoke or cancel the will again, as it was revoke during the life time of the husband by both of them. If that is so, the property would be devolve in accordance with the Hindu succession Act, in absence of will, and question of Probate does not arise. If the wife sold the husband's property to a third party the adoptive son can file suit against the mother and the purchaser claiming his share to the property, asthe Sale deed would be invalid. Look at the sequence of events:

Mutual Will date 2-6-08

A died 20-12-2010

Wife cancel the will 9-6-2011

Sold it to third party on 10-6-2011

Property belong to a the husband

Will cancel by a and b.

Whether adoptive child can claim the property? My answer is given above.


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manager

Will having. The clause both can cancel the will. Husband died wife Canceled
 
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