Tenants

Querist : Anonymous (Querist) 11 January 2011 This query is : Resolved
A spinster is living in a tenanted premises for around 40 years. Her nephews(sister's sons) are also living with her for around 15 years. The nephews are running the household in terms of money, moral support, valuable time spent with the spinster who is become old.
Now this place was tenanted by the spinster and her extended family of 3 sisters and 2 brothers. The brothers expired without issues and the sister's got married. The nephews are one of her sister's sons.
She has given the power of attorney to the two nephews and also made a WILL favouring the two nephews, WILLING the TENANCY RIGHTS to them. Now my question is

1. How strong is this WILL in the court of law?
2. Can a Tenanted Property be willed to her sister's sons who are living with her?
3. If so what are the powers and the rights that they acquire on account of this?

The same premises has been sold the second time to a third party.

Reply awaited.

Follow Query

Report Abuse

Y V Vishweshwar Rao (Expert) 11 January 2011
The Will Deed can not create any new rights in favour of Beneficiaries-they will acquire what were the rights of the Testator at the time of her/his death! like Property / assets /and rights of lessee !

H.M.Patnaik (Expert) 11 January 2011
The querist asks 3 questions and they are answered as follows :
1. How strong is this WILL in the court of law?
Ans.As the Testator didn't have any title over the dwelling house on the date of creation of the WILL in favour of the Nephews except that of the tenancy right , the said WILL doesn't bestow unto the Beneficiaries any right of ownership of the property in question in the eyes of law.
2. Can a Tenanted Property be willed to her sister's sons who are living with her?
Ans. No.

3. If so what are the powers and the rights that they acquire on account of this?
Ans.In the backdrop of situation described above, the Beneficiaries to the WILL cann't acquire any better right , title orownership over the property than that of the Testator himself.