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bprasad   23 July 2015

Rights of heir

My mother (80 yrs.) has executed a Will in which she has declared that her property shall belong to my brother (including his legal heir) and I ((including my legal heir) in equal proportion.

My brother lives in the property from last 25 years with my mother. I am in a different city from last 18 years. The Will is registered. It has got 2 conditions as mentioned below:

1. After 1st April, 2025 if both sons decide together to live in the property then one portion will belong to one son and other portion will belong to me.

2. Incase, Either of both sons decide, not to live in the property then after mother and only after April 2025, the property will be disposed off and amount received will be divided equally.

My query:

In case I am not alive after 1st April, 2025, then will the above riders be void? Or will my legal heirs automatically get legal authority to decide to stay or not to stay and get benefits that I would get as per Will ? If not, then should I decide now and declare as I don’t think any possibility to live there after 10 years.  

Please advise - if possible - by giving reference to related law/act.

Thanks.



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 7 Replies

Kumar Doab (FIN)     23 July 2015

If the property is self acquired of the Lady (your mother) then she can give it away in any manner in her life time, as per her sweet will.

 

She has drafted her WILL as per her wish and registered it. She perhaps want you and brother and legal heirs to stay with the proeprty.

It seems that even after death of the owner till April, 2025  neither of you/brother and legal heirs can dispose off the proeprty.

After you/brother the legal heirs shall step into your shoes.

 

Your counsel that has examined the WILL may opine that if you/your legal heirs are not interested you can relinquish your share in favor of your brother/his legal heirs.

NO law can do away with her wishes expressed in her WILL.

 

You may wait for advise of other experts/menbers.

You can seek the counsel of your own trusted lawyer specializing in property/family/civil matters.

 

bprasad   23 July 2015

Thanks Kumar. I would prefer answers to my queries as asked earlier. Same are repeated again:

1. In case I am not alive after 1st April, 2025, then will the two conditions of Will be void?

2. Or will my legal heirs automatically get legal authority to decide to stay or not to stay and get benefits that I would get as per Will ?

3. If not, then should I decide NOW and declare NOW that there is no possibility to live there after 2025?

Kumar Doab (FIN)     23 July 2015

@Mr. B Prasad,

As far as I am concerned I with my limited understanding have repsonded to all points in my first post itself.My response now is also same.

 

Neverthless, you can decide and declare now whatever is your decision for yourself,however not for your legal heirs. As per WILL they shall step in your shoes.

The Lady (your mother) may amend her WILL in her life time as many times she desires.

 

 

 

bprasad   23 July 2015

Thanks Mr. Kumar. If my heirs have the right to decide on 2 conditions of Will in case of my death then I'm fine and I don't need to decide anything now. 

In the 2 conditions of Will, only sons have been mentioned and not thier heirs hence I raised the query. 

However, in the initial paragraph, it is mentioned that  property shall belong to my brother (including his legal heir) and I (including my legal heir) in equal proportion.

Thanks for your views again!

Kumar Doab (FIN)     23 July 2015

It is believed that you are Hindu and Hindu Succession Laws applies in your case.

 

The Lady has included her sons and their legal heirs.

Otherwise also the proeprty shall devolve first upon ClassI legal heirs, then ClassII onwards...........to cognates/agnates.

 

Your mothers seems to have sound knowledge and she has protected the interest of the property and her legal heirs.

 

Neverthless you can speak to your mother in private to understand the finer nuances of her WILL and collect a copy.

 

You may wait for advise of other experts/menbers.

You can seek the counsel of your own trusted lawyer specializing in property/family/civil matters.

 

 

 

bprasad   23 July 2015

Yes. We are all Hindu but I am illiterate in terms of knowledge of law. 

Thanks once again. 

Kumar Doab (FIN)     23 July 2015

You are welcome.

The posts in this thread are sharing 1st hand feeling with limited understanding, from your posts.

 

Your own trusted lawyer specializing in property/family/civil matters..................would be fully well versed with such matters and can render sound legal advise to you.

You may certainly show the WILL to your able lawyer in person.

 

Lawyers are skilled in concilliation,mediation,arbitration and can attempt to cajole the Lady to relax the terms in WILL, to your wishes.

 

Otherwise you can also speak to your mother in private to understand the finer nuances of her WILL and speak your mind too.

 

Mothers are kind hearted and she can render an ear to your logics, and can accomodate your wishes.

 

Finally the WILL of the owner shall prevail.

You may wait for advise of other experts/menbers.

 


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