Can my son, daughter-in-law be the 2 witnesses to my Will?

I  plan to will my property to my son and daughter-in- regulation who stay with me. I perceive that the need ought to be signed by two witnesses. Can my son and daughter-in-law be the witness to my will?

—Name withheld on request

As per the provisions of the Indian Succession Act, 1925, every Will is required to be attested by two or extra witnesses, every of whom has seen the testator signal of their presence. However, as per the Indian Succession Act, 1925, a beneficiary underneath a will can’t be a witness to the identical and therefore within the details of your case, the need can’t be attested by your son and daughter-in-law and the identical should be attested by two or extra individuals who usually are not beneficiaries.

The testator must both execute the need or acknowledge the execution of the need earlier than the witnesses. 

Further although this isn’t obligatory, it’s advisable that the witnesses be somebody youthful than the executor of the need. Also there isn’t a requirement for registration of the need underneath the Indian regulation.

 I personal a flat in Vile Parle (East), a suburb of Mumbai. I intend to reward the flat to my daughter and son-in-law. What would be the stamp responsibility payable on the reward deed and can the doc must be registered?

—Name withheld on request

The stamp responsibility payable on the share of the flat which is transferred to the daughter shall be Rs500 and 1% of the market worth of the flat. 

However, the stamp responsibility payable on the share of the flat being gifted to the son-in-law might be as per authorities prescribed stamp responsibility charges that are linked to the market worth of the flat. 

This is as a result of underneath the Maharashtra Stamp Act, 1958, stamp responsibility on reward deed of residential flat to partner or lineal ascendant or descendant is nominal and because the son-in-law is not going to fall throughout the definition of the aforementioned exempted individuals, the stamp responsibility on switch of rights in immovable property in favour of the son-in-law might be as per another transaction of sale and buy of immovable property. 

However, in case your daughter and son-in-law need to collectively maintain the flat, then upon completion of the reward in favour of your daughter, she will vide a separate reward deed give 50% share within the flat in favour of her husband, i.e your son-in-law.

However, the reward deed would require obligatory registration earlier than the registrar involved.

 Hemang Parekh is a associate and Mitali Naik is an affiliate associate at DSK Legal

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