My father’s Will duly probated has bequeathed all the properties of whatsoever nature and situated has to my mother for her natural life. She will have no Power of alienation by way of transfer, gift or otherwise of any of the properties of whatsoever nature and whatsoever situate. Mutation of the property can not be done at this stage. The property is in Kolkata.
After her natural life the property has been bequeathed as follows:-
Ground Floor 2nd Son
First Floor 1st Son
Roof Daughter
QUERIES
Keeping the Sentiments and the Spirit of the Will:-
1) Can mutation of the property be done? I think NO.
2) Can the Property be divided amongst all the members with mother being a joint holder by an agreement?
3) The objective is to ensure that she continues to be the owner of the property and at the same time –
a) Daughter constructs on the Roof Top. I feel she can do this.
b) 1st Son starts a business in one of the Shops in the ground floor earmarked for him and be responsible to pay income tax and property tax.
c) 2nd Son lets out the ground floor and be responsible to pay income tax and property tax accordingly.
d) Currently Mother is not assessed for income tax and does not hold a PAN Card. In the event all the activities are carried out in her name she may be assessed and we would like to avoid.
I look forward to your views.
Samir
