Your property-related legal queries answered by Rank Associates, a law firm that primarily deals in these matters
I would like to know why someone should spend money and register a Will if it doesn’t make a difference whether the Will is registered or not?
Ryela Musa Das, Madurai
Firstly, registering a Will is not expensive. No stamp duty is prescribed for registration of a Will and registration charges are nominal. By registering a Will, the office of the concerned Sub-Registrar retains a copy of the same and it can be obtained by the beneficiaries at any stage, if the original Will is lost or destroyed. The factum of registration will be significant while deciding allegations of compulsion, coercion or undue influence.
The ancestral property of my great grandfather was given to his youngest son, who did not marry and made a Will giving it to his brothers. The Will has an executor and a probate from the Madras High Court. What would be the simplest and most cost-effective way to transfer the property to the respective legal heirs?
A. Sam, Chennai
If the Will was duly probated, no further action is necessary. Once the Executor intimates the legatees under the Will that the property has been distributed in accordance with the terms of the Will, the respective beneficiary can transfer the revenue records (Patta, property tax, water tax & EB Card) in his name based on the order of probate. Thereafter, the beneficiary can deal with the property as its absolute owner.
I am working in Oman. My boss is an Omani national. He wants to buy a two acre farm house here in India, for which he wants me to work as a caretaker. Is it legally possible to do this?
D.V. Krishna Mohan, Oman
A foreigner cannot purchase agricultural lands or a farm house in India without permission from the Reserve Bank of India.