LAW BOOK

HT Estates - - HTESTATES - Sunil Tyagi

My brother and I had in­her­ited my fa­ther’s two-storey prop­erty. My fa­ther’s will asked for my two sis­ters to be ap­pointed joint ex­ecu­tors. One of my sis­ters is not will­ing to act as a ex­ecu­tor. Can the joint ex­ecu­tors of a will act ‘jointly’ or can they act in their sev­eral ca­pac­i­ties?

—Mohan Ras­togi One of the ex­ecu­tors may file a pe­ti­tion seek­ing re­nun­ci­a­tion of ex­ecu­tor­ship by the other ex­ecu­tor. I have booked an apart­ment in an un­der-con­struc­tion group hous­ing project in Gur­gaon along with my son who is 21 years old. Now I wish to make my wife the co-owner in place of my son. Can this be done?

—Suresh Gu­man The sub­sti­tu­tion of your wife in place of your son de­pends on the al­lott­ment terms/buy­ers’ agree­ment. Also, your son should not have any ob­jec­tion to such sub­sti­tu­tion. If sub­si­tu­tion or trans­fer is per­mis­si­ble un­der al­lot­ment/ book­ing terms, you may ap­ply to the de­vel­oper to make any per­son as the new co-owner. I have ex­e­cuted a will by which I have be­queathed my prop­erty to my son and wife. I wish to name my son as the ex­ecu­tor of the will. Am I al­lowed to make my son the ex­ecu­tor of my will, who is also a ben­e­fi­ciary?

—Gau­rav Harun You may make your son the ex­ecu­tor of the will. There is no re­stric­tion on mak­ing the ben­e­fi­ciary as the ex­ecu­tor of the will. I have ex­e­cuted a will. How­ever, due to cer­tain changes in cir­cum­stances, I wish to make a new will. Am I re­quired to have the same wit­nesses as the old will?

—Sa­gar Jha There is no re­quire­ment of the same wit­nesses to be at­test­ing the new will as well. You may ex­e­cute your new will wit­nessed by two new wit­nesses. I own a house in Gur­gaon. Since I don’t have chil­dren, I wish to gift the house to my niece. Are there any stamp duty ex­emp­tions for the same?

—Mri­nalini As per no­ti­fi­ca­tion passed by the Haryana gov­ern­ment in July 2014, stamp duty payable on trans­fer of prop­erty by an owner to any blood re­la­tion (ie fa­ther, mother, chil­dren, grand­chil­dren, brother( s), sis­ter( s) and be­tween spouse) has been ex­empted. Since your niece does not come un­der the def­i­ni­tion of blood re­la­tion, there is no ex­emp­tion to­wards the stamp duty levi­able on the gift deed ex­e­cuted by you in her favour.

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