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Q MY UNCLE has a landed property under a joint-tenant agreement with his wife, son and daughter-in-law. The property is under mortgage.

In his will, can my uncle give his share to his granddaughter, who is still at school?

Does the will, which he is going to make through a lawyer, have any effect on or override the joint-tenancy agreement?

A Individuals can own properties as joint tenants or tenants-in-common.

When one of the joint tenants dies, his share of the property then vests in the surviving co-owners (or co-owner, as the case may be).

The survivors own the whole property together.

Unlike tenants-in-common, they do not own a specific share.

This continues until the last joint tenant survives. He will then own the property in his sole name.

Tenants-in-common can hold the property in specific shares.

For example, A can have a 25 per cent share while B can own 65 per cent. C will own the balance 10 per cent.

A can leave his share to someone else, such as D, in his will.

Unfortunately, a joint tenant like your uncle will not be able to leave his share in the property to his grand-daughter in his will.

If he makes such a gift in his will, the will cannot override the joint tenancy, so such a gift may be held as invalid.

If your uncle wants to make such a gift to his granddaughter, he can sever the joint tenancy and become a tenant-in-common.

He can then leave that share to his granddaughter.

Rajan ChettiarLawyerRajan Chettiar & Co

Source : Sunday Times - 6 Aug 2006