authority to re-write or change the Will by the successor
2 years ago
My father has written a property will on his self-acquired property. but now he is no more. He has mentioned that the mother is the next successor and after her time it will be divided equally among children. So we r changing the Katha - transfer property name to her name. once the property is renamed does she have the authority to change the will on that same property or no
Sanjay Kumar Jha
Responded 2 years ago
Once the will is made and signed in presence of witnesses then it becomes effective. However, if it is registered, which is not infact mandatory to do so , but if it is done then, the wish of your father can not be changed , no matter the same property is transferred as per his will. Even though if she gets the right over such property. She can not change as per will .
But ,if such will is not known and in knowledge of ur sisi then and the will is not registered then, in tha case after transfer in your mother head she can make another will and get registered ( which is not legally required) be kept for your safest situation.
Yes, once the property is transferred in her name, she will be able to change the will with regard to that property as it will then be legally her property. This will be allowed.
Thank you.
A.Dear Sir,
Yes, as per the recitals of said Will she became absolute owner of such property as such she can execute her own Will.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
To give proper legal opinion, it is necessary to scrutinize that Will for analysing it's true meaning and actual legal implications.
Vaidehi Samant
Responded 2 years ago
A.Once your father's will is executed and and your mother becomes owner of his property legally the property becomes self acquired property of your mother and she can do anything with that property, she can write a new will or execute a registered gift deed or sell the property to anyone she wants or keep the property to herself without doing any documentation or transfer in that respect. Thank you.
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