Dear Experts,
My mother wants to write a will and we are 2 brothers .
My mother is the owner of the property (say Property "A") where we are residing currently and she wants to give it to my brother. Currently I am residing in this property(Property "A") along with my parents.
I am going to receive another property(Property "B"). we have a good understanding among ourselves.
My mother wants to write a will in such a way that in case she predeceases our father, my father can stay in this property(Property "A") freely till his lifetime but the ownership should go to my brother or after my father's lifetime the property need to go to my brother.
My mother received this property from my brother(who purchased this with his own funds) through a settlement 7 years back.
we have mentioned as below in the will. Kindly correct or suggest the right wordings.
The Schedule C below has the details of the property(Property "A") where we are residing.
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FLAT :
I give, devise and bequeath the immovable property more fully described in the Schedule C to my elder son <name> . The below Clause A coming in to effect only in case I predecease my Husband.
I am adding this clause because my husband is a 77 year old gentleman and I want to ensure a good living place for him till his life time in the event I predecease him.
Clause A:
1) My husband can stay and occupy this entire property till his lifetime without any let or hindrance from anyone or anybody claiming through or on behalf of my elder son <Name>
2) My husband cannot rent it out to anyone or sublet or mortgage or lease out or hypothecate this property to anyone or anybody.
3) After my husband’s lifetime, the entire property shall go to my elder son <Name> who shall have absolute right and unfettered power to Settle, sell, convey, transfer and assign the property.
The above clause A comes into effect only in case I predecease my Husband.
I say that the said immovable property is free from any and all encumbrances, mortgages, trusts, liens, attachments, lispendens, disputes and demands or other impediments whatsoever.
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Thank you in advance.
