Life interest vs bequeathable propert

Sunny Bangalore (Querist) 01 April 2018 This query is : Resolved
Hi, my father passed away a few years back and left behind 2 houses in Hyderabad and Bangalore. My mother has been solely enjoying both properties though both properties still continue to be in my fathers name and we did not obtain any legal heir certificate or divide the immovable property.

She has recently passed away leaving behind a will for her portion of the property. Is she able to do so or did she have only life interest in the property. Would a will written by her be valid?

Thanks

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Kishor Mehta (Expert) 02 April 2018
If your father died intestate, all of his legal heirs became equal partners in his self earned property. Your mother has the right to bequeath her share of the property by a Will.

Sunny Bangalore (Querist) 02 April 2018
But what is her share? In the absence of anything being changed to her name, isn�t that indeterminate? Also she has made the will After being admitted to the hospital for kidney failure My brother had made her withdraw money from her mutual fund etc...and move it in his name at around the same time.

Guest (Expert) 02 April 2018
Well Advised by Advocate Mr. Kishore Mehta.

Guest (Expert) 02 April 2018
For eg if at all your mother has Two Children including your self . First of all the Share to be divided in to 3 and 1/3 rd of the share will be treated as per the Will of your Mother And if at all you are the only child of your Parents 50% would go as per your Mother's Will and balance 50% would be for you.