Co owner's right to change the Will
Querist :
Anonymous
(Querist) 17 January 2011
This query is : Resolved
The key to the query seems to be the understanding of the Co owner's right ie
1) Does the Law treat the 2 joint owners differently ie 1 the main owner who has self acquired the property and the other joint owner ie wife a housewife as secondary and hence not allowed to change the will or after death of the self acquirer the secondary co owner has absolute right under law.
2) Again under law does the secondary co owner has absolute right to change the will against the main self acquirer. Also is the will valid if made by self acquirer and not signed by the co owner in a joint property.
3) If the secondary co owner's rights under law are restricted I suppose there is scope that the son could seek to live being the property of his father and anyway it has been 1/2 willed to him, however if under law there are absolute rights to secondary owner = to the main self acquirer then there is no scope.
Guest
(Expert) 26 May 2011
yes it can treat. because the mode of fetching/getting property by alienation/transfer of property/by bequeathing. The will cannot be changed after the death of the testator. for which you have to approach the court to set aside the will is null and void
the secondary owner has full rights with respect to her property and cannot be restricted by first owner.
