Ownership based on a Will

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

December 18, 2015 12:49 pm | Updated 06:57 pm IST

CHENNAI, TAMIL NADU, 24/06/2015: Vidyasagar Voora Oswal Gardens on Cochrane Basin Road, Korukkupet in Chennai.
Photo: B. Jothi Ramalingam

CHENNAI, TAMIL NADU, 24/06/2015: Vidyasagar Voora Oswal Gardens on Cochrane Basin Road, Korukkupet in Chennai. Photo: B. Jothi Ramalingam

I have an independent house that has two floors. I have written a Will and registered it. In the Will, I have earmarked half the land (ground floor) to my elder son and the other half (first floor) to the next son. After my demise, how should my sons get a separate patta and property tax bill? How should they get ownership of the property as per the Will?

Chennai

Since your sons would be entitled to undivided shares in the land, they can obtain a joint patta after they become the owners. With regard to property tax assessment, the same would be based on the respective portions owned by them and separate assessments are possible. If the property is within city limits or if the Will has been executed in the city of Chennai, the same requires probate from the High Court of Madras for the Will to be held valid and effective. Alternately, you can consider executing settlement deeds in favour of your sons by retaining a life interest in your favour. Please consult your lawyer for necessary advice in this regard.

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