My husband is blindly following my father in law creating a financial loss by simply believing he wrote a WILL even though we have two kids and have huge responsibilities like every other responsible parent out there. My father in law is a difficult and manipulative person. My father in law contributed10 lacs towards a property purchase and we added rest of funds and bought a property on his name thinking it can be changed to my husband's name later. After that my husband also bought another property on my father in law's name , only thinking it can be later changed to my husband's name being NRI. He is putting pressure on my husband to sell the above 2 properties as it is under his name. My husband is helpless . My father in law has a house in his name which is self earned property. Once a WILL is written, can it be changed to someone else name he wishes even though my father in law is surviving with only son that is my husband. Please advise.
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The property is in your father in law's name and hence he can dispose of the property as per his wishes. Ince he writes a will it cannit be changed unless he wants to. A person may change his will any no. of times he wants and the last will is relevant.
If your husband is his only son then there is nothing to worry unless there are other issues.
As you mentioned he can change the WILL how many ever times he wants. Can he keep threatening my husband if my husband does not do what father in law wants, can the father in law change the will to any relative like my husband's cousin as it is now become my father in law self earned property?
The testator of a Will has full rights to cancel the Will he had written earlier and can bequeath the properties on his name to any other person by creating a new Will, his authority cannot be challenged by anyone.
Yes your father in law is the absolute owner of the property on his name with clear and marketable title.
Therefore he can transfer his property to anyone of his choice by a fresh Will while cancelling his existing Will.
As he is tge owner of the property he can change the will. He can threaten his son that he will not give his property to him. But that is weird. Why would he deprive his only son and try to sell the property.
Dear Client,
It is difficult to challenge such a situation since the owner of the property has the ultimate right to change the will as many times as he/she would like to. Being the absolute owner of the property, it is the discretion of such person that would matter to whomsoever the owner would like the transfer the property to unless a fairly serious situation arrives.
There are two suggestions that we can help you with -
You may also book a consultation with us for more information.
Thank you.
Will can be revoked at any time during the lifetime of testator ie your father in law
Father in law can change will in favour of any relative
If the same is his self acquired property he can change the same any no of times he want.
- Since those properties are in the name of father in law, then he having his right to transfer the same to anyone as per his own wish and your husband cannot claim any right during his life time.
- However , as your husband has contributed financially for purchasing the properties , then he can declare as the owner of the property as per his contribution after filing a declaration suit before the court , and after submitting the proof of fund.
- Further, your husband can also file an Injunction suit before the court for restraining the property without his consent on the ground of contribution of the amount.
- Further, only the last WILL of a person is valid i.e. he can change the WILL anytime during the last days of his life.
