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Author Topic: WILL my flat in my son's name  (Read 2116 times)

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Offline Azad Zia

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WILL my flat in my son's name
« on: November 21, 2015, 03:48:54 AM »
Me and my wife jointly own a flat which we wish to make a WILL in favour of our son. after our demise,  will the transfer attract income tax, stamp duty and registration fee? What if we notarise the will?

Offline advkhanna

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Re: WILL my flat in my son's name
« Reply #1 on: November 21, 2015, 03:54:27 AM »
Mr.Azad Zia,
A WILL is Registered not Notorised.
Do you have only one son, no daughter / other sons

If that is the case whether you make a will or not either way the flat will go to your son.

if you are singling out only one son to get the property than I would suggest registration is MUST.

now in case of such transfer of property by way of WILL or Mutation there is no  income tax, stamp duty fee etc required.

Offline adv.amarnath

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Re: WILL my flat in my son's name
« Reply #2 on: November 25, 2015, 12:03:49 PM »
I do not agree with your suggestion @advkhanna.

WILL is a not at all a compulsory register Deed. It is absolutely optional upon the testator or testatrix. You can notarized a WILL and it is absolutely valid in the eye of law but you must do it with an advice of a good lawyer. After your demise, the appointed executor will do the needful for taking probate of your WILL.

After getting Probate there is no need of any registration of same rather stamp duty is required to be paid to the concern court upon direction of presiding officer. Regarding tax and all, you have to consult with a tax lawyer.

For further clarification and consultation in detail for drafting of WILL, you can contact me.

Amarnath Sanyal
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Mob - 09830303322

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