Assuming that your father has self-acquired property and dies without writing a will, the property will be divided among Class I legal heirs, regardless of who is taking care of it. You and your brother will be involved in this. However, your father can leave the property to anyone through a valid will.
I want to send Rs 2 lakh to my daughter who has just started her studies in US. Will this amount be taxed and if yes, how much? do Do I have to pay? – Kusumi
No, you will not have to pay any tax on the money you send to your daughter abroad. From 1st October 2020, Tax Clear at Source (TCS) is applicable on outward foreign remittances. However, 5% is applicable only for an amount exceeding Rs.7 lakh. If you are paying off debt abroad educationA 0.5% TCS will be levied on the amount exceeding Rs.7 lakh. If you fail to furnish the PAN details, you will have to pay 10% and 5% tax respectively. Since the amount you are sending is less than Rs 7 lakh, you will not have to pay tax.
Q. My grandfather has some ancestral property, which was divided according to law and divided between the coparceners. My father also got his share in this property. Will my father now give this property to anyone he wants or will it be given to the coparceners? — P. Saxena
Any ancestral property undivided for four generations can be claimed only by the coparceners of a joint Hindu family. It will come to them on the basis of birth and cannot be done according to one’s wish. However, if the ancestral property is divided among the coparceners, the share of each coparcener legally becomes his self-acquired property. As such, he can give his share of this property to anyone he wants.
> My grandfather has many properties and he has acquired all these with his own money. He has two children, my mother being one of them. My grandmother is no longer alive. If my grandfather dies without a will, can his two brothers claim rights over these properties? — L Kumar
According to the Hindu Succession Act 1956, if a Hindu male dies without a will, the first claim of the Class I heirs is on the self-acquired property of a Hindu male. Only if there is no Class I legal heir, can Class II heirs claim the property. Siblings are considered second class legal heirs. Your grandfather’s Class I heirs will include his wife, children and mother. So if he dies without a will, your mother and her brothers will Inherit this property. His brothers cannot claim this property.
Disclaimer:
The responses are based on limited facts provided by the questions. It is advisable to consult a legal practitioner after furnishing the complete facts and documents. The responses should not be construed as legal advice in any way.