Photo of Tanmay Patnaik

Partner in the Private Client Practice at the Mumbai office of Cyril Amarchand Mangaldas. Tanmay specialises in family constitutions and settlements, trusts, wills and succession planning. He can be reached at tanmay.patnaik@cyrilshroff.com

 

 

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

If your aunt wants to bequeath her house to your mother, she will have to execute a 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 18th February, 2021 and the online edition of the same can be found here.

My 70-year-old maternal aunt is unmarried and has a house in which she, my mother, younger brother and I have been staying together since 2002. The aunt is my maternal grandfather’s sister’s daughter. My mother has an elder brother too. My aunt inherited the house from her mother. What will be the status of the house when she passes away? Will my mother still have the right to stay in it? My mother and aunt have an “either survivor bank account” and locker, in which they keep their money and valuables. What will happen to that account in case of my aunt’s death?

—Name withheld on request


Continue Reading If your aunt wants to bequeath her house to your mother, she will have to execute a will

Rules for Will under Army order depend on when it was made
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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 10th February, 2021 and the online edition of the same can be found here.

I am a serving Army officer (Hindu by religion). I have made my Will under Army Order 4/91; it’s an unregistered Will. I experienced a lot of problems inheriting a property from my mother, as hers was a non-registered Will, hence I want to make a registered Will. The opening lines of any Will state that “I revoke all the past Wills”. If I write that in my registered Will, it may not be as per my department’s format. The existing Will lacks detail. What should I do?

—Name withheld on request


Continue Reading Rules for Will under Army order depend on when it was made

It isn’t mandatory to execute gift deed for transferring shares
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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 27th January, 2021 and the online edition of the same can be found here.

I wish to gift shares worth a few lakhs of rupees to my parent, who is retired and has no income, so that the dividend can be used as income. Will I need to make a gift deed and register it? Will my parent be taxed? Can my parent gift or will back the shares to me at a later date?

Seek a probate if will lists an immovable property in Mumbai

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 13th January, 2021 and the online edition of the same can be found here.

My late mother, by way of a will, transferred her residential flat in Mumbai to my late father. The managing committee (MC) wanted my father to probate the will. The deputy registrar (during my late father’s lifetime) gave written orders that since my mother’s will is unchallenged, no probate was required. However, since the MC insisted, we approached the high court (after my dad passed away) where it was mentioned that an undisputed will needs no probate. My late father made a nomination mentioning me, my sister, my wife and two sons. My sister and I, the legal heirs, entered into a family agreement, wherein she released her right to the flat in my favour. Now, the MC is again asking for a probate of the will. What should I do next?

Will executed by a Muslim does not mandatorily need a probate
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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 02nd December, 2020 and the online edition of the same can be found here.

My maternal grandfather had inherited some property from his father. My mother passed away in 1997 and my grandfather in 2018 without any partition or will. My mother’s brother is denying that I have any share in the property. Do I have a legal share in it as the son of a predeceased daughter, as per the recent clarifications on the Hindu Succession Act?

Blog Image_Why Family Offices need to think beyond money

The Rockefellers are quite possibly the most well-known industrialist family in modern history, whose family name is synonymous with staggering wealth and power. Starting in 1882, the Rockefellers set up an office of trained professionals to handle their wealth. Although never formally called a “family office”, this idea was the seed that gave rise to the concept in modern times as several wealthy families began to follow suit.
Continue Reading Why Family Offices need to think beyond money: The importance of Family Governance – Part 1

Destroy older will if you make a new one with revisions

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 04th November, 2020 and the online edition of the same can be found here.

I made a will and got it duly registered, declaring my wife as the executor and trustee. After her demise, my daughter and son will be the executors and trustees. Both my children will have absolute discretion to whom they give their shares during their lifetime or after their demise. Is the format alright?

A testator doesn’t have to submit her will to sub-registrar’s office

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 20th October, 2020 and the online edition of the same can be found here.

My mother in 1987 had made a will which was not registered and was in favour of my elder sister, who is not married. My lawyer says that the unregistered will made in 1987 is valid. Please confirm this. Also, my elder sister, who is now 78, wants to make a will in my favour. My lawyer says that the will has to be registered, as currently unregistered wills are not valid. My lawyer states that my sister has to visit the registry office, and it will not be possible for the official to come home to get the signature. Please advise.

—Name withheld on request

We assume that your sister is a Hindu by faith and, hence, certain rules will apply accordingly. Testamentary succession for Hindus is governed under the Indian Succession Act, 1925. A will is very simple to make—all you need to do is put your signature onto a typed (preferred option) will, which would then need to be signed by two witnesses. It is not mandatory to register a will in India (irrespective of whether you are bequeathing immovable or movable properties).
Continue Reading A testator doesn’t have to submit her will to sub-registrar’s office

Land inherited from biological or adopted mother is not considered ancestral property
As a daughter your right to claim a share in your father’s self-acquired property would arise if your father were to die intestate. 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 7th October, 2020 and the online edition of the same can be found here.

We are two sisters and our father inherited a residential property from his mother through a will. He willed the whole property to my elder sister under pressure. Can my father give the property to one of the two legal heirs, leaving nothing for the other?