Legal Question in Wills and Trusts in India
my father who has died has left a will which states that after his death property will belong to mother and after her(mother) death property will go to only one son (has eight sons) but my mother wants to give to all eight so+ns after her death IS IT POSSIBLE TO DO SO
6 Answers from Attorneys
Depends on language and intention of testator.get the will examined by a lawyer for definitive opinion.
Kind Regards
Setu Niket
Advocate
+91-9873109672
No as your mother has a life estate in the property and nothing else......Please check Sanjay Kalra and Associates on the internet to know more about your query and the legal services we are rendering for our clients from all over the World.
yes if no one challange the Will then yes she can distribute the property
04.02.2013
Dear Sir / Madam,
(Mulund West, Mumbai)
Your father's Will can be actioned by the executor named in the Will by way of a Probate. In all likelihood, the Probate will be issued in favour of your mother to be named as the owner of the property in keeping with your father's Will. If the Probate issued in the name of your mother is unconditional, your mother is entitled to equally distribute her property amongst all the eight sons, or she is entitled to deal with the property in the manner she best deems fit.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
One needs to examine your fathers Will. If he has given the bequest absolutely then your mother can change the future course. She can also change future course, if the one son, to whom your father has given; consents to.