My mother (80 yrs.) has executed a Will in which she has declared that her property shall belong to my brother (including his legal heir) and I ((including my legal heir) in equal proportion.
My brother lives in the property from last 25 years with my mother. I am in a different city from last 18 years. The Will is registered. It has got 2 conditions as mentioned below:
1. After 1st April, 2025 if both sons decide together to live in the property then one portion will belong to one son and other portion will belong to me.
2. Incase, Either of both sons decide, not to live in the property then after mother and only after April 2025, the property will be disposed off and amount received will be divided equally.
My query:
In case I am not alive after 1st April, 2025, then will the above riders be void? Or will my legal heirs automatically get legal authority to decide to stay or not to stay and get benefits that I would get as per Will ? If not, then should I decide now and declare as I don’t think any possibility to live there after 10 years.
Please advise - if possible - by giving reference to related law/act.
Thanks.