• Daughters share in property

My brother and my self are only children of my parents. My mother made a will by disqualifying me.  The house is her self acquired. Please let me know my position against property. Now she became unsound minded person. My brother wants to apply for VRS on behalf of her and wants to take the benefits completely. How can I stop the benefits to him from the bank. Who are eligible for VRS benefits. What is my legal position here.
Asked 3 years ago in Property Law from Vijayawada, Andhra Pradesh
Religion: Hindu
1) your mother can always revoke will during her lifetime 

2) what basis you say mother is of unsound mind do you have any medical reports to that effect ? 

3) your brother is not entitled to mother VRS benefits . If mother is of in sound mind make application to court  for being appointed as her guardian 

4) you can write to bank not to pay VRS benefits to your brother without your consent and court orders 
Ajay Sethi
Advocate, Mumbai
44297 Answers
2572 Consultations

5.0 on 5.0

Based on the facts, it is clear that your mother has not given you any share in the property. The query is silent on the terms of Will and your mother has given the property to who? 
It is your self acquired property and your mother has a righto to bequeath the same to anyone who she desires. If she bequeath the same when she was medically sound then it is a valid Will.
Further, you or your brother can apply for VRS, however the VRS benefits will be transferred to your mother's account till she is alive.  Only your mother is eligible for VRS benefits. 
Sudershani Ray
Advocate, New Delhi
192 Answers
41 Consultations

4.9 on 5.0

The will does not come into effect till the death of the testator

A person of unsound mind cannot make a fresh will

If however her VRS claims and/or any other retirement benefits and/or bank accounts are not mentioned in such will then such assets will remain to be divided as according to laws of succession, where you stand to gain as a beneficiary.

A person of unsound mind cannot enter into any legal obligation and hence at this stage cannot exclude you from your rights. You can challenge any effort of your brother to alienate such assets on this ground.
Saptarshi Banerjee
Advocate, Kolkata
220 Answers
4 Consultations

4.9 on 5.0

1. If your mother has made a will in presence of two nos. witnesses when she was in sound mind the the legatee in the will shall be the owner of the property bequeahed by her,

2. If she has not bequeathed anything in your name then, you have no right on her property after her demise,

3. If she has executed the will in unsound mind, then you can challenge the said will with evidence of her status of mind, after her demise and claim partition of the said property. 
Krishna Kishore Ganguly
Advocate, Kolkata
18151 Answers
438 Consultations

5.0 on 5.0

Hi, Will come into effect only after the life time of your mother and benefits of VRS normally go to the person during her life time and after her demise only legal heirs are right over the benefits.

2. The property is a self acquired property of your mother she can dispose of the property any body she wants and if she dispose of the property by way of will then after her demise you can challenge the same before the court  on the ground that as she is not sound mind at the time execution of the will and sound mind is the essential for executing the will.
Pradeep Bharathipura
Advocate, Bangalore
4528 Answers
202 Consultations

4.3 on 5.0

1. After the execution of will by your mother you ceased to have any share in the property of your mother. 

2. The only ground on which you challenge the will is that she was of unsound mind at the time of execution of the will. If the challenge is allowed and the court holds the will as illegal you will get an equal share in the property.

3. Your brother is entitled to the VRS benefits if the will has been executed in his favour. To stop him from taking the benefits you are required to seek a stay order from the court, but this will require you to challenge the will.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1. Since your mother has executed a WILL bequeathing the entire property to your brother, was the WILL executed by her when she was of sound mind then its a closed matter. If your mother has executed the WILL when she was of unsound mind or she was made to execute the WILL by your brother in his favour through coercison, force, fraud, then you can challenge the execution of WILL by your mother in an appropriate court of law.
2. Based on her unsound mind, if your brother tries to take VRS benefits of your mother, you also stake a claim from your mother's employer.  You can inform her employer about your stake in her VRS benefits as she is of unsound mind and you are her daughter and request the bank not to disburse your mother's VRS benefits without your knowledge.
Shashidhar S. Sastry
Advocate, Bangalore
1620 Answers
107 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer