Lawfully yours: By Retd Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court. Do you have a question? Email us at citizen.dtnext@dt.co.in
CHENNAI: Marriage expenses flimsy excuse to deny woman’s claim to dad’s property
Q. I live in an independent house along with my wife and son but built by my father with his earnings. I bore all the expenses of my only sister’s wedding, including dowry. After the demise of both my parents, who did not leave any will, my sister and I are planning to sell the house and share the proceeds. The house is the lone immovable asset. My sister insists on an equal share and is not keen on considering the expenses I incurred for her marriage. But I want those expenses to be factored in. This is leading to a deadlock. What is the best legal way out?— Raja Narasimhan, Tambaram
A. Merely because you have spent money towards your sister’s wedding, it does not mean she will lose the right to her equal share in your father’s property. Every daughter has a right to have an equal share in her father’s property whether or not she was married off with a dowry. If your father had recognised your contribution towards such expenses, nothing prevented him from bequeathing that house fully in your favour by writing a will informing his lifetime to that effect.
Stamp duty to be paid in case of transfer of company shares
Q. My husband was having equity shares in some companies. He died without any nomination or will. My son and daughter are OCI (Overseas Citizen of India) card holders and both of them are renouncing their claims. I applied for Transmission of Shares (ISR5 form) enclosing the NOC (No Objection Certificate) [Annexure -F form] of my son and daughter typed on a plain paper and notarised by the Notary of their respective countries and attaching the OCI card copy. These companies have rejected my application stating that NOC should be given in Rs 100 non-judicial stamp paper. Kindly clarify on the NOC of OCI card holders as there is no clarity on the SEBI website — Mrs T Samuel
A. To make documents on any relinquishment of property rights (movable or immovable) valuable, one has to pay due stamp duty based on the deed of relinquishment. You are fortunate that they are asking only Rs 100 as stamp duty. My understanding of the Stamp Act is that the duty is much higher. Hence, quickly pay the due stamp duty and get the share transfer done in your favour.
