If the property is ancestral, you could claim a right in it

 

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions in an article in the  following Q&A which was published by the Mint Newspaper on 12th May, 2021 and the online edition of the same can be found here.

My paternal grandfather wrote a Will for an equal distribution of a house to his son (my father, who died in 2010) and grandsons (my brothers) without any mention about the granddaughter (me). I have four brothers. The elder one voluntarily parted ways after a mutual agreement in 1990. He is now deceased. Now, the remaining three brothers are claiming equal rights on the property based on my grandfather’s Will. But my assumption is that I’m allowed to claim my share in the property too based on inheritance rights.

—Kusuma Continue Reading If the property is ancestral, you could claim a right in it

In your Will, add a guardian for minor children
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The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions in the  following article which was published by Livemint and the online edition of the same can be found here.

A disturbing trend from the second wave of covid is the increasing number of orphaned and vulnerable minor children across India. While some minors have lost both their parents, others are in a situation where their surviving parent is unable to take care of oneself or the family. Families are often confused and scared about what to do in such scenarios. Parents admitted to certain hospitals are being made to sign declarations about their children’s ‘custody’ if they do not survive.

Continue Reading In your Will, add a guardian for minor children

Promoter reclassification - Family feud An area of concern

The Indian business landscape mainly comprises of family run businesses. Keeping in mind the close-knit joint family culture in the country, Indian regulators have been particularly cautious of family members owning and controlling a business together. The Securities and Exchange Board of India (SEBI) has, in Regulation 2(1)(pp) of the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018, given a broad definition of “promoter group”, which includes any immediate relatives of the promoter and entities where such relatives have more than 20% stake. Being a member of the promoter group of a listed company entails rigorous disclosure and compliance obligations under various SEBI regulations. In fact, SEBI has in its Consultative Paper dated November 23, 2020, made a noting that there is a need for further clarification under Regulation 31 of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (LODR), with regard to disclosing names of persons in promoter/ promoter group who hold even ‘Nil’ shareholding in the listed company. Continue Reading Promoter reclassification – Family feud: An area of concern

A nominee is obligated to hand over the assets to the Legal Heir
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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 28th April, 2021 and the online edition of the same can be found here.

My father passed away at the age of 79 in February. In his will, he has mentioned 50:50 share to both the sons. My mother passed away seven years ago. These are the queries…

Continue Reading A nominee is obligated to hand over the assets to the legal heir

Amul India - Oprah Meghan Markle
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The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article in the  following article which was published by Family and Businesses Magazine and the online edition of the same can be found here.

By now, many of us would have seen the explosive interview between the Duke of Sussex Prince Harry and the Duchess of Sussex Meghan Markle, with television talk-show royalty Orpah Winfrey. The focus of the interview was on the troubled relationship that Mrs. Markle has with the Royal Family and Her Majesty The Queen, and her difficulties in settling into the roles expected of her. At its simplest, apart from being an exit interview of a disgruntled ‘employee,’ the interview echoed what many Indian spouses go through when they marry into a family business – to quote the New York Times – “The struggles of a glamorous, independent outsider joining an established, hidebound and sometimes baffling family firm”. Continue Reading Meghan Markle, Her Majesty, Oprah & The ‘Firm’: What Can Indian Family Businesses Learn from Them?

Examining the gift deed is key prior to any legal challenge
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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 14th April, 2021 and the online edition of the same can be found here.

I am 76 and in the process of writing my will. At present, I have a residential apartment in my name, along with my wife and elder daughter. As per my will, can I assign this property to my wife and younger daughter (and not my elder daughter)?

—Name withheld on request Continue Reading Examining the gift deed is key prior to any legal challenge

Inheritance in absence of will

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 31st March, 2021 and the online edition of the same can be found here.

I got married to a widower with an adopted girl, who is now 25 years old. The property is in the name of my husband, who’d told me that he had explained to the daughter that I would get the property after his death and then to her as she is the only child. The house we stay in is in his name, with the nominee being his daughter. He is not taking initiative to discuss or make both of us secure. Please advise the best course of action. She neither wants to get married nor take up a job.

— Name withheld on request

Continue Reading Inheritance in absence of will creates co-ownership rights over assets

Immovable Property Limitations 12 Years
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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 17th March, 2021 and the online edition of the same can be found here.

Is it possible to do a gift deed for leasehold DDA flat?

—Name withheld on request Continue Reading Statutory limitation period for immovable property is 12 years

  CBDT delays relief to taxpayers facing double taxation in India - Review of its recent Circular

The Pandemic induced strict lockdowns and border closures have given rise to anxiety and confusion amongst taxpayers regarding their tax residency position in India. The Indian Government recognizes the restrictions that the Pandemic has imposed on individuals’ movement to and from India. As a result, many people have been forced to spend more time in India than originally anticipated – thereby creating expensive changes in their residency and income tax status. Continue Reading CBDT delays relief to taxpayers facing double taxation in India: Review of its recent Circular

Your mother should formally request the society for documents
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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 03rd March, 2021 and the online edition of the same can be found here.

We are three brothers who inherited a freehold property in 2003 through a duly registered will. We got the property mutated in our joint names with the municipal authority for payment of annual property tax, jointly. We decided to rebuild it into three dwelling units. The Municipal Corporation of Delhi (MCD) sanctioned these plans, and we have obtained the completion certificate. We entered into written family agreements for the partition of our shares by draw of lots. However, some disputes arose before its enforcement, which were settled through the mediation and reconciliation centre (MRC) of the Delhi High Court. This memorandum of understanding (MoU) is the agreed settled ownership. We got our shares registered individually with the MCD and have been paying property tax.

To get our rights of individual titles, do we have to get it registered with the sub-registrar? If so, is stamp duty payable?

Where would the ownership records be available after our deaths if the property is not registered with the sub-registrar, but the registration has been done with the municipality?

—Subhash Kumar

Continue Reading Your mother should formally request the society for documents