Person X had 3 daughters and 1 son. Person X made a will and stated that after my death, my wife shall be the rightful owner of the property. After the death of my wife, his son will be the owner of the house - (will A). Wife of Person X was not being treated well by his son, she got beaten up frequently. As a result she made another will (will B) stating that his son will not inherit anything he has been disowned. Now, her youngest daughter will be the successor. Nobody got the property transferred after the death of Person X.. now the question arises, will the son or daughter inherit the property or will it be divided among all siblings ?
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It is necessary to peruse will made by X
2) whether wife had only life interest or was absolute owner of property on her husband demise
3) if wife was absolute owner of property she can bequeath property to daughter by will
4) if wife had only life interest in property then son would be absolute owner of property on mother demise
Thanks. According to me X made his wife the absolute owner of the property. But, did his wife require to transfer the property to enforce her will? Nobody transfered the property post Person X's death.
If wife was absolute owner of property she should have on husband demise transferred property in her name
2) probate of will is not mandatory in Punjab
3) mutuation should have been done in name of wife on husband demise
4) still mother can bequeath property in name of her youngest daughter if she is absolute owner of property
If the will is valid as per law and has been enforced then the beneficiaries will inherit the property bequeathed as per the bequest made in the Will.
However if other legal heirs raise an objection for enforcing the will, then the beneficiaries have to obtain probate of Will through court competent.
The other legal heirs cannot contest the will on the basis of the ill treatment made to the wife of the testator.
She has lifetime interest and her interests in the property is confined to that extent only.
She cannot be an absolute owner nor she can claim marketable title hence her subsequent will made in favor of anyone is not valid in the eyes of law becasue she is not having marketable title to transfer the property by the said testamentary disposition.
However the daughters can file a partition suit before the civil court seeking their respective shares ignoring the will in hand, let the beneficiaries prove the will and nullify the claim made by other legal heirs.
According to me X made his wife the absolute owner of the property. But, did his wife require to transfer the property to enforce her will? Nobody transfered the property post Person X's death.
The wife of X is not the absolute owner of the property if she has not been given the rights to sell the property.
She has been bequeathed with lifetime interest alone in the property.
She has to leave the property to her son for his benefit after her lifetime, hence the subsequent will made by her is invalid in law.