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Radhika Parthasarathy

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Senior Associate in the General Corporate – Private Client Practice at the Mumbai office of Cyril Amarchand Mangaldas. Radhika advises families and individuals on legal matters relating to their business holdings as well as personal wealth. She advises clients in areas of estate and succession planning, trusts, Wills, family settlements and cross-border advisory. She can be reached at radhika.parthasarathy@cyrilshroff.com.

Revoking Gifts by Senior Citizens: Supreme Court judgment ‘Beneficial’ but questions remain

Introduction

In our previous blog post (accessed here), we discussed the judgement of the Supreme Court (SC) in Sudesh Chhikara v. Ramti Devi & Anr[1] (Sudesh Chhikara), whichheld that a gift or transfer of property by a senior citizen may be declared void by a Maintenance Tribunal only if certain conditions as set out in section 23(1) of the under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act) are fulfilled.Continue Reading Revoking Gifts by Senior Citizens: Supreme Court judgment ‘Beneficial’ but questions remain

Heirs not liable for personal contractual obligations: Supreme Court opines

When entering into contracts, individuals rarely consider whether their contractual obligations would bind or impose liabilities on their heirs in the event of their demise. Therefore, upon the passing of the contracting party, it is, at times, not straightforward to ascertain whether the heirs are liable to honour the deceased’s obligations. The Supreme Court of India (“SC”) was recently called upon to opine on this issue in the matter of Vinayak Purshottam Dube (Deceased) v. Jayashree Padmakar Bhat and Ors.[1].Continue Reading Heirs not liable for personal contractual obligations: Supreme Court opines

Transferred Property

Introduction

Fifteen years ago, senior citizens (citizens aged 60 years and above), were provided the benefit of statutory protection for certain vital rights under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act). These rights included the right to reclaim property gifted or transferred to children or heirs.Continue Reading Senior Citizens: Supreme Court clarifies position on reclaiming conditional gift