: It is advisable that the will of the Mother be properly attested and get it registered . Let mother also give nomination in favour of the younger brother . One has to verify whether the elder son is showing the income from house property in his name or if mother is filing her income tax return , is she showing the income from house property in her name . Whether the name of elder son is also in the registered deed or it is only in the name of the mother . If the registered document is in the name of mother the presumption is she is the owner and she can will the property . One has to study the facts , properly . It may be desirable to consult the tax consultant with all the facts .