Seek a probate if will lists an immovable property in Mumbai

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the  following Q&A which was published by the Mint Newspaper on 13th January, 2021 and the online edition of the same can be found here.

My late mother, by way of a will, transferred her residential flat in Mumbai to my late father. The managing committee (MC) wanted my father to probate the will. The deputy registrar (during my late father’s lifetime) gave written orders that since my mother’s will is unchallenged, no probate was required. However, since the MC insisted, we approached the high court (after my dad passed away) where it was mentioned that an undisputed will needs no probate. My late father made a nomination mentioning me, my sister, my wife and two sons. My sister and I, the legal heirs, entered into a family agreement, wherein she released her right to the flat in my favour. Now, the MC is again asking for a probate of the will. What should I do next?

—S. Padmanabhan

Continue Reading Seek a probate if will lists an immovable property in Mumbai

Will executed by a Muslim does not mandatorily need a probate
Image Source: Livemint.com

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the  following Q&A which was published by the Mint Newspaper on 02nd December, 2020 and the online edition of the same can be found here.

My maternal grandfather had inherited some property from his father. My mother passed away in 1997 and my grandfather in 2018 without any partition or will. My mother’s brother is denying that I have any share in the property. Do I have a legal share in it as the son of a predeceased daughter, as per the recent clarifications on the Hindu Succession Act?

—Name withheld on request

Continue Reading Will executed by a Muslim does not mandatorily need a probate

Supreme Court clarifies the law on Maintenance

Introduction:

In our blog post titled “Maintenance and Women[1]”, we had inter alia discussed various statutory provisions under which women in India can claim maintenance. This blog post is in furtherance to the said post.

Recognising the dire need to have uniformity, consistency, procedural fairness and time efficiency in disposal of maintenance applications, the Supreme Court has recently, in the matter of Rajnesh v. Neha & Anr.[2] inter alia, framed guidelines on certain aspects pertaining to payment of maintenance in matrimonial disputes (“Guidelines”). Further, the Court has also set out a comprehensive format in which the Affidavit of Disclosure of Assets and Liabilities (“Affidavit of Disclosure”) is to be filed by parties to matrimonial disputes of such nature. Continue Reading Supreme Court Clarifies the Law on Maintenance

Blog Image_Why Family Offices need to think beyond money

The Rockefellers are quite possibly the most well-known industrialist family in modern history, whose family name is synonymous with staggering wealth and power. Starting in 1882, the Rockefellers set up an office of trained professionals to handle their wealth. Although never formally called a “family office”, this idea was the seed that gave rise to the concept in modern times as several wealthy families began to follow suit. Continue Reading Why Family Offices need to think beyond money: The importance of Family Governance – Part 1

Destroy older will if you make a new one with revisions

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the  following Q&A which was published by the Mint Newspaper on 04th November, 2020 and the online edition of the same can be found here.

I made a will and got it duly registered, declaring my wife as the executor and trustee. After her demise, my daughter and son will be the executors and trustees. Both my children will have absolute discretion to whom they give their shares during their lifetime or after their demise. Is the format alright?

—Sehgal

Continue Reading Destroy older will if you make a new one with revisions

A testator doesn’t have to submit her will to sub-registrar’s office

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the  following Q&A which was published by the Mint Newspaper on 20th October, 2020 and the online edition of the same can be found here.

My mother in 1987 had made a will which was not registered and was in favour of my elder sister, who is not married. My lawyer says that the unregistered will made in 1987 is valid. Please confirm this. Also, my elder sister, who is now 78, wants to make a will in my favour. My lawyer says that the will has to be registered, as currently unregistered wills are not valid. My lawyer states that my sister has to visit the registry office, and it will not be possible for the official to come home to get the signature. Please advise.

—Name withheld on request

We assume that your sister is a Hindu by faith and, hence, certain rules will apply accordingly. Testamentary succession for Hindus is governed under the Indian Succession Act, 1925. A will is very simple to make—all you need to do is put your signature onto a typed (preferred option) will, which would then need to be signed by two witnesses. It is not mandatory to register a will in India (irrespective of whether you are bequeathing immovable or movable properties). Continue Reading A testator doesn’t have to submit her will to sub-registrar’s office

Land inherited from biological or adopted mother is not considered ancestral property
As a daughter your right to claim a share in your father’s self-acquired property would arise if your father were to die intestate. Image Source: Livemint.com

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the  following Q&A which was published by the Mint Newspaper on 7th October, 2020 and the online edition of the same can be found here.

We are two sisters and our father inherited a residential property from his mother through a will. He willed the whole property to my elder sister under pressure. Can my father give the property to one of the two legal heirs, leaving nothing for the other?

—SB Continue Reading Land inherited from biological or adopted mother is not considered ancestral property

A patient enacting a will from hospital must have the doctor as one witness
A close up of a man signing his last will and testament (istockphoto)

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the  following Q&A which was published by the Mint Newspaper on 22nd September, 2020 and the online edition of the same can be found here.

One of my uncles is in hospital, getting treatment for covid-19. As his condition is serious, he is planning to make a will. How should he go about making a will that cannot be challenged in the court on the grounds of his mental health?

—Name withheld on request Continue Reading A patient enacting a will from hospital must have the doctor as one witness

A daughter has an equal right to that of a son on ancestral property
Photo: iStock

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the  following Q&A which was published by the Mint Newspaper on 1st September, 2020 and the online edition of the same can be found here.

My husband has one brother and one sister. Due to some family issues between my mother-in-law and me, we are not in contact since 2013. In 2017, we came to know that my father-in-law has given all his retirement money to my brother-in-law to purchase a flat worth ₹24 lakh. My in-laws stayed in their ancestor property. Can we get a share in this ancestral property?

—Name withheld on request Continue Reading A daughter has an equal right to that of a son on ancestral property

Potential Maisuse of Art Markets - Stakeholders Beware - Art Law

Understanding the Indian Art Market

The Indian art market comprises a number of stakeholders performing different roles. The primary art market includes the relatively new and unknown artists, along with the more recognised contemporary artists. These artists may often work with private art galleries on a contractual basis, with revenue sharing and exclusivity being heavily negotiated terms.

The secondary art market generally features collectors looking to resell their collections to buyers who want to diversify theirs. Apart from the private art galleries, secondary market participants include auction houses (including online auction houses), public museums, art fairs and festivals. Artwork prices in the primary market usually tend to be lower to that of the secondary market, since artworks usually take time before they attain prominence for their artistic value, rarity and historical significance. Accordingly, by the time these works are resold, their prices tend to be higher. Continue Reading Potential Misuse of Art Markets for Money Laundering – Stakeholders Beware