• Can change term of the will

My father in law had died on 2015 after that my husband had change the name in the mutation of the said property to his mother & his name. His late father does not made any will in the name of his survivors so my husband will change the name in the will in his mather's name.My husband's grandmother had made this will & she gave a condition that we can not sale the said property or we can sale the property in the value of her time when the said will had made i.e. before 35 years.

Now I want to know that after the change of name in the said will to my mother in law, can she remove the said condition from the will.
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

Hello

A will and it's contents cannot be changed once the person making the will dies.....and hence you cannot changed the terms of the will. Please explain elaborately your case.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

The property initially belonged to whom....Who wrote the will...terms of the will.....etc

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

If a testator intends to make a few changes to the Will, without changing the entire Will, she can do so by making a codicil to the Will. The codicil can be executed in a similar way as the Will. One must note that a Will or codicil is not unalterable or irrevocable. They can be altered or revoked at any time.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hi

The will already made can't be changed.

She can add a codicil with sufficient changes and attach to her existing WILL.

If the name has to change altogether she can make a new WILL with the necessary changes she wants and the fresh one will be the last WILL.

Thresiamma G. Mathew
Advocate, Mumbai
1631 Answers
212 Consultations

5.0 on 5.0

mother in law cannot sell the property as under will property cannot be sold for 35 years

2) mother in law cannot over ride the will

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

No changes can be made in the Will after the death of the Testator/ Will maker.

Any such change is illegal.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

Any will can be revoked by the subsequent will. In case of number of different wills, the latest one will have the force of law.

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

Dear Client,

As per Sec138 of ISA provides that the direction provided in the Will as to the manner in which the property bequeathed is to be enjoyed then the direction would be void though the Will would be valid.

So, there`s no need for removal of such condition as not binding.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. It is not clear from whom your husband received this property- his father or grandmother.

2. The property first belonged to his grandmother from whom your father in got this then Will of the grand mother regarding her restrictions will not be effective.

3. If your father had made the Will then it has to be seen.

4. In either case the Will has no value in West Bengal unless its Probate is taken from court of law.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. only the person who made the Will can make changes to his Will and that too only during his lifetime

2. if anything is required to be changed in a Will by the testator, then he can make a fresh Will or make a codicil to his earlier Will

3. how can your husband make changes to the grandmother's Will? that is completely illegal

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Respected Mam, the complete property chain has to be referred for the advise.

The change in will though is not possible after death of testator.

Further the grans mother can only make will for her share. So kindly clarify who is owner of property then it was transferred further in what way.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

if property is given by her the condition cannot be changed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You have not mentioned as to in whose favour the grandmother of your husband had bequeathed his properties.

2. Without knowing as to in whose favour she had bequeathed her property in the said will, it is difficult to advise properly.

3. If the said will of your grandmother in law is in favour of your husband then he can not make any change in the said will which was executed by his grandmother.

4. Your husband shall have to take probate of the will executed by his grandmother otherwise it will have no value whatsoever.

5. If your father in law was the only son (legal heir) of your grandmother in law, then your husband need not rake up the issue of his grandmother's will and apply for its probate since his father will inherit the said property and after his demise, your husband and his mother will equally inherit the said property.

6. Your husband can register a gift deed in favour of his mother conveying the title of his share of the property in her name.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. If the father of your husband was the only legal heir of the properties of your grandmother, then there is no need for taking probate of the will executed by his grandmother as advised in my earlier post.

2. He can register a gift deed in favour of his mother as advised earlier.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

The will contents have to be seen for rendering proper opinion.

However based on your statement it appears that your father in law had lifetime interest after which the property devolved on his legal heirs, therefore there is nothing wrong in transferring the property to the names of the legal heirs.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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