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nkk (engineer)     19 February 2012


My father expired many years before leaving behind two residential properties and a registered WILL stating that my mother will be the sole owner of the properties and no body else will have any rights of any kind in the properties. But in the last part of the will he stated that after the death of my mother, myself and my brother will be equal owners of every thing she leaves behind.

My mother got both properties transfered to her name after the death of my father. Then she, as a owner of these properties, made a WILL stating that one particular property will go to me and another property will go to my brother. My mother is also expired recently.

Now the question is WHICH of the WILL will be applicable? Father's or mother's?

The point to be noted is that my father did not create LIFE INTEREST of my mother, but he made her OWNER.

I request the experts to advise please. Thanks in advance.


 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     19 February 2012

If ownership of the properties is transferred to your mother then she can create a valid will. The properties shall now devolve as per the will of your mother.

1 Like

nkk (engineer)     29 February 2012

Thankyou Archana Ji for your reply. I also have the same opinion as yours. But my brother does not agree and want to create confusion with intention to grab both properties, what can I do?

I understand that - getting probate (of will) is not necessary in Punjab. And cost being linked to registration charges of properties, is very high.

Can I request court for implimentation of mother's will without going into probate procedure?

Thanks in advance.

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