His will says "After my wife passes away ,my entire movable and immovable property will be bequeathed to my son " I am talking about the capital..not about the revenue..she has already enjoyed revenue in her life time....we are talking about the residue which needs to go to ultimate beneficiary..as per will. Do you differ ?
This information what has been furnished now was not divulged earlier.
It is but natural that the entire properties along with what all other revenues pending or is balance shall be attained by the ultimate beneficiary. Here the problem is that if your mother had collected the revenues and deposited them in he own account and few amount remains balance in her account upon her intestate death, the said balance amount shall devolve on her legal heirs equally.
His Will clarifies that after wife's death, all leftover property will go to son.
FD is not created out of interest income..its created by a loan she took from estate and she was taking interest of this FD. Loan by her has to be paid to father's estate . Isn't it true?
The answer to this question lies in your question itself. i.e., all let over property will go to son.
Thus she had developed the estate amount by creating a FD and it was not out of the interest amount or revenue that she obtained during her lifetime. Thus naturally this FD amount belongs to the estate and not her individual amount. This is a matter of interpretation and argument when a dispute arises, however it is a clear fact that the said deposit is part of the estate amount hence the ultimate beneficiary shall avail the same upon enforcement of Will..
To be doubly confirmed about this, you can apply for probate of will so that the court will certify this estate too as bequest after which all the doubts against it shall stand clarified.