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

Primacy of family settlements upheld

Family settlements and ensuing documentation have been a subject matter of litigation for various reasons. One such litigious issue is whether the documents pertaining to family settlements are required to be registered under the Registration Act, 1908 (“Act”). If a document, which was otherwise required to be compulsorily registered, has not been registered, then as per Section 49 of the Act, such document would not affect any immovable property comprised therein, or confer any power to adopt, or be received as an admissible evidence of any transaction recorded in the document. The consequential issue that has evolved is whether the documents recording family arrangements are required to be registered. Recently, the Supreme Court (“SC”), in the case of Ravinder Kaur Grewal & Others. v. Manjit Kaur & Ors.,[1] has held that a memorandum of family settlement, which merely records the terms of a family settlement already acted upon by the concerned parties, is not required to be registered. Continue Reading Primacy of Family Settlements Upheld

Class I heirs of a woman dying intestate are her husband and children
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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 18th August, 2020 and the online edition of the same can be found here.

My father-in-law had a flat. After his death, the house was transferred in my mother-in-law’s name. He didn’t leave any will. After my mother-in-law dies, will the house be divided and given to their three children or can she give it to any one of them?

—Name withheld on request

Continue Reading Class I heirs of a woman dying intestate are her husband and children

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The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article which was published by Moneycontrol.com on 12th August, 2020 and the same can be found here.

The Indian judiciary continues to take progressive steps towards making succession law more women friendly. In the landmark case of Vineeta Sharma v. Rakesh Sharma (Judgment), a 3 judge Bench of the Supreme Court (SC), on August 11th, 2020, held that daughters would have equal coparcenary rights same as that of a son in a Hindu Undivided Family (HUF). The SC clarified two points:

    • Coparcenary rights are acquired by a daughter at birth; and

Continue Reading What is the impact, do wives benefit and other questions about SC ruling giving daughters equal rights over their father’s property answered

The Estate and Succession Planning Consideration That (Almost) No One Discusses

Introduction

The complex nature of estate and succession planning requires careful assessment of myriad considerations, such as the nature of estate (composition and location), family type (nuclear, joint or hybrid), and potential cost outlay (taxation and stamp duty) in order to achieve the objectives in an efficient manner.

However, while determining the costs associated with planning, an oft-overlooked factor is the court fees that may be payable when the components of the succession plan are set into motion post demise. If not evaluated when devising the estate plan, court fees might come as a rude shock to heirs seeking to implement the succession plan of a deceased family member. Continue Reading The Estate and Succession Planning Consideration That (Almost) No One Discusses

A handwritten will signed by two witnesses is considered valid

 

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 5th August, 2020 and the online edition of the same can be found here.

My father passed away intestate. We are three siblings. My mother and I live in the house owned by my father, and I want this property to be transferred in my mother’s name. My brother and my sister live separately. Is there a way in which the house can be transferred to my mother without any involvement of my brother?

—Omkar

Continue Reading A handwritten will signed by two witnesses is considered valid

SUSPICIOUS CIRCUMSTANCES & WILLS

The Supreme Court in the case of Kavita Kanwar v. Mrs. Pamela Mehta (“Kavita Kanwar case”), has extensively discussed certain key factors that may render a will surrounded by suspicious circumstances as invalid.

While drafting, a will may bring up feelings of discomfort, it is one of the key elements of estate planning and ensures that the testator’s wishes for distribution of his or her assets is met. Additionally, it brings about a sense of security in the testator in relation to their assets, and when considered, the advantages of drafting a will, outweigh the temporary discomfort caused by the process. Continue Reading Suspicious Circumstances & Wills

Wife can manage late husband’s HUF if all coparceners are minors
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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 July, 2020 and the online edition of the same can be found here.

My late husband had mutual fund investments under Hindu Undivided Family (HUF). I have a son and daughter, who are minors. While some mutual funds have agreed that I can be the karta and are willing to let me liquidate investments, but two are saying I can’t be a karta. Can you explain?

—Swati Kesarkar

Continue Reading Wife can manage late husband’s HUF if all coparceners are minors

The Opportunity of a Lifetime for HNIs—Saving the Indian NGO Sector

This post is written by the authors in collaboration with our Guest Authors –  Ashish Karamchandani, Senior Advisor at FSG and Abhishek Khanna, Senior Consultant at FSG

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The year 2020 will be etched in our memories for a long time. COVID-19 has blindsided most of us. The non-discriminating virus has not spared any country, religion, or occupation, and has impacted the lives of every individual in the world.

Yet some have suffered more than others. In India, the impact has been greater on the marginalised groups in cities, such as the migrant workers and the low-income households. Nearly four crore individuals are reported to be without work or home, and their plight is unlikely to end any time soon. Although, the pandemic is status neutral, and can affect anybody belonging to any strata of the society, containment zones have shifted from the more affluent parts of cities to the slums and other congested areas.  A third group comprising the aging citizens in cities, bereft of any support system, also remain vulnerable. Continue Reading The Opportunity of a Lifetime for HNIs—Saving the Indian NGO Sector