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Rishabh Shroff

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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

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HUF
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 20th February, 2022 and the online edition of the same can be found here.

My dad had invested in mutual funds in which my mother was a nominee. I have lost my parents and wish to transmit them in my name. My query is – whether these mutual funds can be transferred to ​​​a Hindu Undivided Family (HUF) that I have created to reduce tax liability?

—Name withheld on request

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Continue Reading What is the right of an heir in the mutual fund holdings of a parent?

Gift deed
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 19th February, 2022 and the online edition of the same can be found here.

We are two brothers and one sister, and we follow Hinduism. In 1970, my father built a house on a plot which was in my mother’s name, although it was bought with my father’s money. My father expired in 1990. In 2012, my brother and I demolished the house and built a new house with our own money. After construction, my mother gifted the house to both of us equally. We requested our sister to take one floor, but she denied verbally as she is well off. In the future, can my sister or her children legally ask for a share in the house?

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Continue Reading Can title of property transferred during parent’s lifetime be questioned later?

Release Deed
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 16th February, 2022 and the online edition of the same can be found here.

Is mutation of property possible through unregistered Will?

— Name withheld on request…

Continue Reading Is release deed for immovable property a valid document?

Ancestral Property
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 13th February, 2022 and the online edition of the same can be found here.

I have a query on Hindu Succession act: My mother has 6 brothers and 2 sisters, of which only 4 are alive including my mother. So Originally 9 children including my mother, Each of the brothers and sisters have children in the range of 2 to 9, I am aware that at this point my mother and the other 3 living siblings are righteous claimants on the ancestral property under Class-1.

Now my question is, – When my mother and the other siblings are no more, then how will the property be distributed?

My mother’s eldest brother has 9 children and her other siblings have an average of 2-3. So, if the total number of children all put together is 30, will it still be divided by 30 or will it be divided by 9 (i.e. my mother’s share and her 8 siblings)?

— A. Shankar…

Continue Reading How will maternal grandparents property be distributed under Indian law?

Will Making
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 12th February, 2022 and the online edition of the same can be found here.

A person wishes that his property after his death be given to a memorial trust or a cancer hospital. At present, he wishes to have his house with him for stay during his lifetime. Is there any way by which he can make some kind of nomination so that his house (after his death) could be given to the cancer trust to be used by people visiting Mumbai for treatment?

—Iyer

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Continue Reading How to bequeath a property to charity?

Deceased Policyholder
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 30th January, 2022 and the online edition of the same can be found here.

One of my friend’s relatives took an insurance policy with a public insurer in 2013 and she paid two payments and the third payment was not paid by the insurance agent. Later, she passed away due to health issues. She had only one daughter, who is a minor and nominee too. Can she claim her mother’s insurance, as she got to know about her mother’s insurance policy a week ago?

—Name withheld on request…

Continue Reading Family member as nominee of deceased policyholder will not merely be custodian

Karta
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 January, 2022 and the online edition of the same can be found here.

My mother is a widow. My father expired 10 years ago. We are two (major) sons and a married daughter. We brothers have created a HUF with an initial capital of ₹50,000 received as a gift in marriage. Can my mother create a HUF being a karta and we two sons as coparcener?

-Pinrani…

Continue Reading Can my mother be the karta of the HUF?

HUF
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 18th January, 2022 and the online edition of the same can be found here.

My father-in-law died of covid on 6 September 2020 and my mother-in-law died on 13 December 2020. My wife is their only daughter. I need some clarity on the following:

a. My father-in-law had some HUF (Hindu Undivided Family) bank accounts and mutual funds. How do my wife or I run the accounts or withdraw the money.

b. My father-in-law has some shares and bank accounts in which his brother or sister-in-law are the nominees. How do I claim those from them?

– Kapil R. Tulsan…

Continue Reading How can I withdraw money from HUF accounts of in-laws?

relinquishment deed
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 17th January, 2022 and the online edition of the same can be found here.

My sister is an OCI (Overseas Citizen of India). Our father passed away recently. He was a resident of India. My sister wants to relinquish her rights to our father’s property in my favor. The property is located in India. Will my sister need to visit India for making the relinquishment deed, or can she do it from abroad?

-S. Sinha…

Continue Reading Can a relinquishment deed be sent from abroad?

Can a Will be written from overseas
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 16th January, 2022 and the online edition of the same can be found here.

Me and my family (wife and son) are NRIs based in Sweden. I have properties and movable assets in India. Can I write a Will on plain paper while I am in Sweden with respect to my assets? Is it okay to get it witnessed by my other NRI friends from India, based in Sweden, for the time being? What are other precautions to be taken when writing a Will from overseas with respect to assets and liabilities in India?

– Narsinh Modani…

Continue Reading Can a Will be written from overseas?