With the existence of the joint will and my mother no longer alive; Is it possible/legal to prepare a partition deed, or for my father to prepare another will to superceed the Joint Will, or make another transaction against this property.
A joint will is a single testamentary instrument constituting or containing the wills of two or more persons and jointly executed by them;
Any two persons are entitled to make a joint will however a joint will is valid only if it is made by two persons who are related to each other or have joint ownership or are joint beneficiaries of any trust. A joint will is perfectly valid under all personal laws.
“a joint or conjoint will is a testamentary instrument executed by two or more persons, in pursuance of a common intention, for the purpose of disposing of their several interests in the property owned by them in common, or of their separate property treated as a common fund, to a third person of persons.” However, where it deals with a joint interest of the persons executing it, like a mutual will, if one person takes a benefit under it, he forfeits his right to revoke is part of the disposition by his conduct. A joint will is valid as regards the property of each testator and a probate may be granted on the death of the first and again on the death of survivor. Sometimes the joint will executed by members of the joint family may operate as a family arrangement and, therefore, are well. It becomes operative immediately after the death of any one of the testators so far as his properties are concerned and is not postponed till the death of all.
Therefore, the partition of the proeprty belonging to your mother shall be disbursed as per the will bequest and not by the desire of your father.
He cannot decide about the will in respect of the bequest made your mother in the joint will in respect of the separate property on her name.
You can very well seek probate of the will and seek declaration of title to the proeprty as per will executed by your mother.
You can seek temporatry injunction toward further alienation in respect of the property bequeathed to you in the will by your mother.
You cannot seek stay against the property belonging to your father.