Legal Question in Real Estate Law in India
A person executed a will in favor of his wife giving limited estate i.e without the powers to sell and after her death, his sons to assume absolute powers.
Later, he canceled the will thinking that it will complicate the matter and executed a fresh will Giving absolute powers to wife on some properties "x"and and maintenance powers on some properties"y"(The sons will assume absolute powers on "y" after the death of their mother).The first will remained at the wife and the second will remained at another well wisher,She followed the first will in all transactions as she was not aware of the second will.12 years after the death of her husband,she was informed of the second will.Then,She followed the second will and sold "x".
Can anybody challenge that second will?
1 Answer from Attorneys
your question is very general. No one can stop any one from challenge to will. But challenge on what ground. Will has already been executed by selling the prop "x". So long as she is alive, she will manage "y" thereafter son will become the owner of "y"
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