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Can mother also make a will for her sons


30-May-2023 (In Family Law)
My father has not made any will and nominee made in the name of my mother and two son. It is a society. My father died and automatically transfer to my mother, leaving behind two son nominee. If mother makes a will in the name of the son in the absence of my they can sale the flat, (IN THIS CASE MOTHER CAN MAKE A WILL OR NOT)
Answers (2)

Answer #1
708 votes
yes, mother can make a will in respect of her share in the property of the father. it is presumed that the father purchased the property out of his own sources of income. it should be noted that the nominee is only a trustee and does not become the owner of the property.
Answer #2
949 votes
Look if your father died intestate i.e. without a will the property will automatically devolve upon his legal heirs equally. So your mother along with your brother and you have equal rights on it. Your mother can only will her 1/3rd portion of the property. So after he that share will automatically devolve on both you brothers in addition to the 2/3rd share you hold. So then both of you will equally co own the property in case she does not leave a will. If she wishes she can make a will whenever she wants.

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