Will of my Father

Querist : Anonymous (Querist) 09 April 2011 This query is : Resolved
There was some mistake in my previuos question. My father had made a nomination & will for property as under;

After my death my wife will be the owner of said property & after her death my first son & secound son.

My question is

After the death of my father, Is my mother is capable to change the nomination & will of my father ? & is the three nominated people are capable to change the will?

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A V Vishal (Expert) 09 April 2011
Your mother has only a life interest whereafter the entire property devolves on both the sons. Your mother cannot unilaterally change the nomination without the concurrence of her sons.

Devajyoti Barman (Expert) 09 April 2011
from your query it does clear whether your father has given his wife power to nominate the future heirs. If the clause you have stated is same as that of the will then the father had already chalked his succession plan as a result of which the death of the mother opens the succession for you and your brother. The mother can do nothing to change this line of succession.

Kirti Kar Tripathi (Expert) 09 April 2011
this is a conditional will in which your mother has life interest and second condition will arise after her death. it mean you can not interfere in her right to enjoyment of said property till your mother is alive. However, your mother can not dispose of the property.

adv. rajeev ( rajoo ) (Expert) 09 April 2011
She is having limited interest and it is conditional will she cannot make any change

Naresh Kudal (Expert) 09 April 2011
your mother have only life interest in the property, she is not able to dispose off the same.

R.Ramachandran (Expert) 10 April 2011
You have to approach a lawyer, show the WILL document, who after going through the contents of the entire WILL will be able to give his views. Any views/opinions that you get here merely on the basis of your statement will not serve your real purpose. This is mainly because whatever views that are being given is merely on the basis of the facts told by you. But whether the facts narrated by you are correct or not, whether your understanding of the contents of the WILL is correct or not, no one knows.

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