Vested Remainder

 Vested Remainder

The question is whether the vested remainder can be sold?

One Kanchanamma was the last owner of the properties. She made a will in 1899 in and by which she bequeathed all her properties to her brother’s son and her widowed daughter. In that will, she stated the the half share goes to her brother’s son and the another half share to her widowed daughter for her lifetime and thereafter the vested remainder goes to her brother’s son.

Due to heavy indebtness, her brother’s son Lakshminarayana Rao gave power to sell all the properties to his wife Bhramaramba. She sold it to third parties for valid consideration.

Now the widowed daughter Lakshmi Narasamma filed the suit stating that he cannot sell her share, since she has life-interest over it.

The question is, is the vested interest (or vested remainder) can be treated as ‘immovable property’ and be sold?

A vested interest (or vested remainder after the life-interest) in immovable property is ‘property’ and it is immovable property being an interest in land. 

What Bhramaramma, the power agent, had sold, is the property of her husband, minus Lakshmi Narasamma’s life-interest.

**