Regarding will
Uttara Harshe
(Querist) 19 March 2018
This query is : Resolved
My husband and my mother in law is going to buy a house together. My husband will invest 69% and my mother in law will invest 40%. They both will be the owner of that house. My mother in law will make a will in favour of my husband that " in future that house will be of my husband and his family". Is it possible that in future she will change her will and sale/donate/give her share to somebody else?
Vijay Raj Mahajan
(Expert) 19 March 2018
Yes that can be a possibility.
Legally a Will can be changed anytime before the death by the testator, even sell or donate or gift her share during her lifetime.
There is no such thing as irreversible or irrevocable Will.
It all depends on how you people are in good relationship and how much trust exists between you all.
Vijay Raj Mahajan
(Expert) 19 March 2018
The Will can even be challenged by her other heirs and if that happens and decided by the court that Will is not valid, the share of the mother goes to all her heirs each getting one share each.
Sudhir Kumar, Advocate
(Expert) 19 March 2018
she can change any WILL any time in favour of anyone. Even registered WILL can be replaced by unregistered WILL
Dr J C Vashista
(Expert) 19 March 2018
I agree with expert Mr. Vijay Raj Mahajan, will is revocable, will can be changed any number of times during the life-time of testator and will can be challenged.
Guest
(Expert) 19 March 2018
Will can be changed any time. However, that all would depend upon the attitude of both you and your husband towards her in future, whether respectful or treat her as a liability.
In my frank opinion, your question is full of selfishness, as such question should not have arisen in your mind, had you been respectful and sincere to your mother in law.
Uttara Harshe
(Querist) 19 March 2018
I am sorry sir but I have asked only the thing which is necessary for me. It's not the whole case. I am respectful to all my elders whether it is my mom and dad or my in laws. The actual case is " my mother in law wants to buy a 3bhk house in pune which cost near or above 1 crore and for that she will sell her maternal house and raise the money. My mother in law is 64 so she couldn't get any loan. For that my husband will take a home loan and invest his money to buy the house.
In case we are not able to pay the loan we have to sale our 2bhk house which is owned by my husband. My mother in law wants to be the first owner of that house and she thinks that after her it will automatically goes to my husband, she doesn't need to make a will. My mother in law has two son's. She has already given some money to my brother in law to buy a house. Now she wants to give some money to my husband by investing in house. I have two daughter one is 7 and other one is 2 years old. I have asked the question because we have the responsibility towards our daughter's also. I don't want to spoil their future by doing some wrong investment. My mother in law does not agree to invest her money to somewhere else or save for her future. At the age of 64 is wants her own house and husband will invest huge amount. I am just worried about my daughter's future. I just want a suggestion that is it good to invest like that where my brother in law and his family can also claim for that house.?
Uttara Harshe
(Querist) 19 March 2018
I am sorry sir but I have asked only the thing which is necessary for me. It's not the whole case. I am respectful to all my elders whether it is my mom and dad or my in laws. The actual case is " my mother in law wants to buy a 3bhk house in pune which cost near or above 1 crore and for that she will sell her maternal house and raise the money. My mother in law is 64 so she couldn't get any loan. For that my husband will take a home loan and invest his money to buy the house.
In case we are not able to pay the loan we have to sale our 2bhk house which is owned by my husband. My mother in law wants to be the first owner of that house and she thinks that after her it will automatically goes to my husband, she doesn't need to make a will. My mother in law has two son's. She has already given some money to my brother in law to buy a house. Now she wants to give some money to my husband by investing in house. I have two daughter one is 7 and other one is 2 years old. I have asked the question because we have the responsibility towards our daughter's also. I don't want to spoil their future by doing some wrong investment. My mother in law does not agree to invest her money to somewhere else or save for her future. At the age of 64 is wants her own house and husband will invest huge amount. I am just worried about my daughter's future. I just want a suggestion that is it good to invest like that where my brother in law and his family can also claim for that house.?
Guest
(Expert) 19 March 2018
Future is always uncertain. Nobody knows, what is written in the future of your daughter. If you are so doubtful about the intentions of your mother in law, better be content with the present 2 BHK house and don't invest money in any property. Else, your husband should purchase the flat at his own, not jointly with your mother in law.
