My mother in law was a owner of 2 houses. She registered a will in 2009 and expired in 2013. She had 1 son (my husband) and one daughter . In the will she had mentioned that one house for son and other house to daughter. But she had included clause that they both can enjoy full rights on property after my father-in-law's death. Now the problem is who has the rights to maintain the property till his death. Nothing is mentioned in the will about the maintenance of property till his death. The house given to my husband has 2 portions of which one is let for rent by my mother-in-law and in other portion we were residing. Now rental agreement has to be renewed. Who can sign in rental agreement and get the rents. We also plan two let our portion to rent but my father-in-law opposes. Do we have the rights are not. My father-in-law is a government pensioner who gets around 40000 a month . So he is financially independent. But he alway insist on the rent from the house. Also he always tell us to leave the house and come back after his death. Do he have the rights to make us get out of the house legally.
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1) father in law has life interest in the 2 houses
2) only on demise of FL would house devolve on your husband and his sister
3) FIL is entitled to rentals from the property during his lifetime
4) you need not vacate the portion of house in your possession during father lifetime
5) it is necessary to peruse will to advice further
The bequest is clear that he has lifetime interest only.
If the will says that your husband cannot sell the house during your FIL:s lifetime, the beneficiary is not restricted from receiving the rent.
Moreover if this property was bequeathed to your husband, upon enforcement of will, your husband becomes the absolute owner of this property, hence your husband may collect the rent.
Let him first apply for probate of will, after which this issue can be solved.
See from what you have stated I am assuming that your mother in law has given life estate to her husband, (Father in law) to reside in the house till his death, this does not mean she has given him ownership rights, what he has till his death is the right to reside in this house till his death, all other decisions can be taken by the ultimate owners, which would be your husband and his sister.
The house given to your husband and the portion that is tenanted, your husband as ultimate owner has absolute rights to renew the rent etc., maintenance of the house bequeathed to him he would be responsible for all its activities and maintenance. Rent received from this portion also he is entitled to collect and use it for himself. He cannot order to leave the house and return after his death. Your husband can inform him that he is the owner of the house as per the WILL and his father has rights only to reside in it till his death and tell him not to interfere in all other matters pertaining to the said house. Your husband sister also cannot
If your father in law is residing in the said house, then you cannot rent out your portion without his consent or until he moves out, but you cannot force him to move out if decides to stay here as this right is provided to him by his wife until he dies.
1. The houses have been bequeathed by your mother in law to your husband and his sister through the Will executed by her.
2. The will is very clear and also states that your father in law has the living right in the said houses till his demise.
3. Your husband and his sister will have the responsibility to pay for the maintenance of the said houses after the demise of your mother in law.
4. Since the houses have been already bequeathed in individual names, the donees of the related houses shall b eligible to enter in to agreements in connection with their rents or renewals thereof.
5. Probate of the said will shall have to be availed first before claiming the title of the said houses.
6. Your father in law has the living right and can not claim the rent at all.
7. If your father in law, who has the living right, objects to your letting out the bequeathed house, you can not rent it out till his demise since he has the right to live therein till his last days.
1. It seems that a life interest was created by your mother-in-law if favour of her husband.
2. Unless there is a clause to the contrary in the will, the property can be maintained by the ultimate beneficiaries i.e your husband and his sister during the lifetime of your father-in-law. The will has to be perused threadbare to give a concrete opinion.
3. Consult a lawyer with a copy of the will.
