Photo of Rishabh Shroff

Co-Head and Partner in the Private Client Practice at the Mumbai office of Cyril Amarchand Mangaldas. Rishabh specialises in family constitutions and settlements, trusts, wills and succession planning. He can be reached at rishabh.shroff@cyrilshroff.com

Maiden name won't cause complications in property dealings
Source: Livemint.com

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 23rd June, 2021 and the online edition of the same can be found here.

I bought a house in my name in 2007 after marriage. At that time, I had my PAN card and bank accounts in my maiden name. So, the house was registered in my maiden name. Later, I changed the name in my PAN card and bank accounts when I added my husband’s surname to my maiden name. Now, the house is registered in my maiden name, while all my documents and IDs have my husband’s surname added to my name. Will this anomaly create a complication later if I plan to sell the house or plan to bequeath it? What do I need to do to avoid this complication in future?

—Mrs Khare


Continue Reading Maiden name won’t cause complications in property dealings

Property transfer will take place under HSA in case there's no will
Source: Livemint.com

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 9th June, 2021 and the online edition of the same can be found here.

My father passed away in 2016. He left behind a house where I stay with my wife, mother and younger brother, who is unmarried. My mother is willing to transfer the house to my brother and I as a gift. So, these are my questions. First, what is the process for getting the ownership changed to my brother and I? Second, what are the fees to be paid to the government, if any? Third, how much taxes are we supposed to pay? Fourth, is there a time limit to transfer the ownership? Fifth, how much will it cost in lawyer fees?

—Name withheld on request


Continue Reading Property transfer will take place under HSA in case there’s no will

Registration of immovable property must for valid, marketable title
Source: Livemint.com

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 7th June, 2021 and the online edition of the same can be found here.

My elder sister and I are the only two surviving legal heirs of our father, who had passed away in 1973. We are cultivating our father’s share in some land in farming in our ancestral village in Punjab. The mutations are still continuing in the joint names of our father and his brothers.

As we are now senior citizens we are looking to consolidating these landholdings. My sister has two sons and I have two sons. She may not wish to have any share transferred in her name, but would prefer to gift the same to me or to my sons. How should I proceed to obtain mutations in our names? Will it be necessary to first transfer the property in our names and thereafter further apply for transfer of her share to me or my sons?

– Name withheld
Continue Reading Registration of immovable property must for valid, marketable title

The validity of a Will is determined by a testamentary court

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 26th May, 2021 and the online edition of the same can be found here.

My grandmother executed a Will and got it registered at the sub-registrar’s office. While putting her thumb impression, she did it twice. She is educated and appended her signature on it. The staff captured her image and took her thumb impression on the computer, too. Will it affect the genuineness of the Will?

—Chimnay


Continue Reading The validity of a Will is determined by a testamentary court

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.

In your Will, add a guardian for minor children
Image Source: Livemint.com

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

A nominee is obligated to hand over the assets to the Legal Heir
Photo Credit: Livemint

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
Image Source : Amul India

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
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 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)?

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