Mother has only life interest in property
she cannot bequeath property to trust
get will vetted by any lawyer from this website
Father has made a will
Father has made a will in which he has stated that after my death my all property goes to my wife if wife dies then my property goes to my son and he can do whatever he want to do with the property....now the property is in the name of mother...and mother says that she will give property to a trust. and she will not give it to her son..
Asked 5 years ago in Property Law
Religion: Hindu
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34 Answers
Father state in the will that I have my 2 children one daughter and one son and my wife. Daughter is happyly married. So I m making will if I die my all property goes to my wife ..if i m alive and my wife dies then my property goes to my son.and he can do whatever he want to do with property. and he also stated that in the absence of my wife and dismiss of my wife then my all property goes to my only son and he use property as a owner. Now I have questions Now the father died and the property goes to mother and now the property is in the name of mother and now my mother is telling that she want to give property to trust not her son.
Asked 5 years ago
- Since the said WILL executed by your father is extended to the son through the mother , hence your mother can go against the said WILL .
- Further , after the death of your father , his property would be devolved upon your mother and you legally in the absence of WILL , if she is not ready to accept the said WILL.
- You can get the share during the life time of your mother , after filing a Partition suit before the court.
As per the will only if your mother predeceases your father then would you inherit the property
2) after demise of your father your mother is absolute owner of property
3) she can bequeath it to trust
Well then either the father should change the will or accept what he has written.
Yeah she can do that as she would be the sole owner of the property.
1. Your mother is only intermediary and you are the final custodian of the property as per the WILL executed by your father.
2. Your mother has no legal authority to take decision regarding the property, as she has been bequeathed conditionally that she can have only lifetime interest over the property and not authorised to change the final beneficiary, i.e., you as son.
3. In case of any development of your mother writing a WILL bequeathing the property to a trust, you can challenge the same to your advantage.
The first beneficiary of the Will is the wife of the testator.
The recital of the Will is very clear that only in case of death of the beneficiary the son shall acquire the property.
Ad the first beneficiary is alive and had acquired the property, it becomes her own and absolute property.
By this she can decide the disposal or alienation of the property as per her own will and wish.
If she decides not to give any property to her son, the son cannot force her.
The son has no rights over the property at least not during the lifetime of his mother.
The mother can decide about disposing the property she acquired through Will on her own as per her will and wish.
She need have to compulsorily give the property to her son.
She can transfer the property to a trust also by executing a registered gift deed.
The son cannot question her authority nor can claim any share in it as a right.
She is the first beneficiary hence she becomes the absolute owner of the property she acquired by enforcing the Will.
Yes she can.
As WILL stated that if mother dies before father than property directly goes to son but not in case when father dies and mother gets the property
Please challenge the decision of your mother before the court by way of Succession Certificate before Court of Law as per the pecuniary jurisdiction based upon the valuation of the property.
A person's has self earned house property. He prepares a will that after his death the house property belongs to his wife and after her death to his son. He had a daughter who is married. The question is, after the death of the person, the wife be omes the owner of the house property, can she give that house property to a trust as donation?
Asked 5 years ago
The beneficiary after acquiring the property operating the Will shall become an absolute owner of the property acquired by her.
Therefore she can very well transfer the property to anyone of her choice an in the manner she may decide.
Her authority about this is legally valid and cannot be challenged by anyone as per law.
If your father's WILL clearly mentions that " the house property belongs to his wife and after her death to her son ", then even though the wife becomes the owner, she cannot bequeath the property during her term but can enjoy the property during her lifetime only and she will not have any authority to donate the property to trust and she will be a conditional owner only.
Yes she can. The property belongs to her and hence she can.
In this case you can't do anything. As it's her self acquired property now and she can refuse it to give it to you.
No.
As per the Will, property would go to son after her demise. During the life time of mother she can enjoy the property but neither transfer,sell or donate it.
Challenge the act of mother as the act of donation is illegal.
It all depends upon wordings of the will
hence I had advised you to get will vetted by lawyer from this website
Dear sir,
Yes, after the death of your father the property has become absolute property of your mother. She can give it to a trust as donation.
Yes she can
the father has made a bequest in favour of his wife
only if the wife is not there at the time of his demise, that is, she has predeceased him, then the bequest will be for the benefit of the son
in this case the widow was alive when her husband died
therefore as per his Will, all his properties go to her
so she becomes owner of those properties and she can do whatever she with them
the son has no right now
had your mother died prior to your father, only in that even the properties would come to you
- Since, the said WILL was limited to the second generation i.e to son , then during the life time of son , mother cannot give that house to a trust as donation.
she is absolute owner, she can sell or give to trust without consent of heirs.
Yes she can.
According to will , I will acquire or acquire any other immovable property during my lifetime or own it at the time of my death or in my name a government semi-government I want to see my wife Lalita after my death all that is in the record. Incidentally, if my wife dies during my lifetime, I wish all my immovable and movable property to my only son Manoj after my death. (2) ... According to me, after all my property was received by my son Manoj, Manoj spent the rest of my life in the social music of my daughter. During the absence of my wife Lalita and her in the above circumstances, Manoj will be able to use and enjoy all the immovable and movable properties mentioned in my Sadarhu Will as an owner.
Asked 5 years ago
The wife has been named the sole owner ie beneficiary in the will. She can dispose of the property anyway she likes.
yes its a valid will my answer is the same as aforesaid
Yes you can do it.
It's clear. You win and own the property.
As per will on father demise mother inherits the property . She would be absolute owner of property
if mother dies before father You inherit all father properties
It's so clear
Your mother is bequeathed all the properties
She is living at the time of demise of your father
So as per his Will everything goes to her
What is so difficult to understand?
You can write a Will in any manner that would please you or as per your desire.
Remember that you should have clear and marketable title to the property that you would like to bequeath through the Will in favor of beneficiary.
Yes she can.
As WILL stated that if mother dies before father than property directly goes to son but not in case when father dies and mother gets the property
- If you want to write a WILL in favour of son & daughter , then clearly mention the same in the WILL
- Further , as WILL executed after the demise of its writer , then if not mentioned the details clearly , then they can face trouble for getting the possession of the property.
- Further , during the life time of your mother , you cannot write a WILL legally.
your mother is absolute owner of said property.
without holding possession or title on the property, it is legally not valid to write will in favour of Children's.
Your mother cannot give property to trust because father have given just rights to enjoy the property to your mother and not to dispose of the property.
