Manmohan singh (Engineer) 10 February 2013
my father nominated, my mother me ,my brother as executor of will.
and after my fathers bequeathed property to my mother, after my mothers death, my father bequeathed his property to me and my brother.
Now my brother and father is dead.
Question:Does my brothers wife has any right to that property as her name is not mentioned in the bill.
Now brother's will become one of the executer of the property. How can I prove in court that me and my mother is legal.
Thank you in advance.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 10 February 2013
This is a complex question. I'll tell you what I feel, do take it with a pinch of salt and corelate with a senior.
When a life estate is created in your mother's favour, when the property devolves on mother, you and brother acquire a vested interest though enjoyment of that interest is postponed till mother's demise. You and your brother's interest is vested and real. The difference between vested interest and contingent interest is Vital. A vested interest is heritable i.e if the person having vested interest dies his legal heirs get the same. Hence in this case your brother's wife would get his share of the property, which she can enjoy post your mother's death, and become co-owners with you.
Good Luck !
Bharat Chugh - Advocate Supreme Court of India
Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com
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R.K Nanda (Advocate) 01 March 2013
state query step wise and clearly to get proper reply.
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