Tenanted Property In Will By Deceased Testator
7 months ago
Query : A Hindu male, who has no own family (no children or wife) dies and leaves a written Will for his 2 tenanted flats of 1 RK in Mumbai that after his death this flats will be sold by the living tenant whose name was added in the rent receipt after paying an X premium to landlord as additional tenant name added just 3 yrs before his death AND MORE IMPORTANTLY mentioned in his written Will that after his death both tenanted flats to be sold (by the said living tenant whose name was added in recent past) and sales proceeds so received of which 20% proceeds to be donated to charity and balance 80% to be distributed as per list of beneficiaries (23 nos) as provided in the Will in certain percentages.
The living tenant is now refusing to carry out instructions as per Will of deceased person.
Query:
Is above mentioned in his written Will legally valid in law.
Pls give your expert comment and replies.
Tenancy property can not be bequeathed through a Will. But it can be inherited, only if it is permitted under the Rent Control Laws. Every State has their own laws with respect to the rent and have different provisions.
Ideally the last will made by the testator is valid one if it has followed all the requirements of a will.
If one of the beneficiaries is refusing then other(s) can seek the probate of will and then all will be done as per the law.
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can a BENEFICIARY in the will be appointed as an executor
