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Ask Mint Money

Ask Mint Money
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First Published: Mon, Mar 21 2011. 09 50 PM IST
Updated: Mon, Mar 21 2011. 09 50 PM IST
I own certain immovable properties in Chennai. However, I am residing in Bangalore at present with my husband and children. I want to draw up a will and bequest my immovable properties in Chennai to my children. Does the will have to be drawn up in Chennai?
-Smita Nair
No, the will does not have to be drawn up in Chennai. Your will can be drawn up in any state and in any city or town in India. As there is no stamp duty payable on a will, even if the will is drawn up in Bangalore and is taken to Chennai by your children after your demise in order to act on the terms of the will and have the properties transferred to their names, there will be no stamp duty implications.
What needs to be kept in mind is that the will must be properly drawn up with your intentions set out clearly therein, it must be signed by you (or, if for any reason you are unable to sign the will, by some other person in your presence and under your directions) and it must be attested by at least two witnesses.
We are a Parsi family. My brother died without having made a will. My brother’s son died during his lifetime. My brother is now survived by his wife, daughter-in-law, another brother of ours and me. Do I have a share in his estate?
-Hilla Mehta
The devolution of your brother’s estate (the manner in which his heirs would succeed to his property) since he died without having made a will during his lifetime, will be governed by the Indian Succession Act, 1925. Sections 50 to 56 of the Act lay down special rules for Parsi intestates (Parsis who have died without having drawn up a will) and sets out rules for succession to the property of the deceased Parsi because during his lifetime he did not provide for the manner in which it is to be given to his heir(s).
In your brother’s case, since he is succeeded by his widow, a daughter-in-law, a sister (you) and a brother, each of you will get a share in the following manner. First, his widow will inherit one-third of his estate. Second, his daughter-in-law (if she has not remarried) will also inherit one-third of his estate. Third, the balance one-third of the estate will be divided equally between you (as his sister) and your brother.
Queries and views at mintmoney@livemint.com
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First Published: Mon, Mar 21 2011. 09 50 PM IST