Photo of Varsha Reddy

Senior Associate in the Private Client Practice at the Mumbai Office of Cyril Amarchand Mangaldas. Varsha specializes in advising on trust structures, family governance and settlements, and succession laws. She can be reached at varsha.reddy@cyrilshroff.com

A daughter has an equal right to that of a son on ancestral property
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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 1st September, 2020 and the online edition of the same can be found here.

My husband has one brother and one sister. Due to some family issues between my mother-in-law and me, we are not in contact since 2013. In 2017, we came to know that my father-in-law has given all his retirement money to my brother-in-law to purchase a flat worth 24 lakh. My in-laws stayed in their ancestor property. Can we get a share in this ancestral property?

Class I heirs of a woman dying intestate are her husband and children
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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 18th August, 2020 and the online edition of the same can be found here.

My father-in-law had a flat. After his death, the house was transferred in my mother-in-law’s name. He didn’t leave any will. After my mother-in-law dies, will the house be divided and given to their three children or can she give it to any one of them?

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The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article which was published by Moneycontrol.com on 12th August, 2020 and the same can be found here.

The Indian judiciary continues to take progressive steps towards making succession law more women friendly. In the landmark case of Vineeta Sharma v. Rakesh Sharma (Judgment), a 3 judge Bench of the Supreme Court (SC), on August 11th, 2020, held that daughters would have equal coparcenary rights same as that of a son in a Hindu Undivided Family (HUF). The SC clarified two points:

    • Coparcenary rights are acquired by a daughter at birth; and


Continue Reading What is the impact, do wives benefit and other questions about SC ruling giving daughters equal rights over their father’s property answered

A handwritten will signed by two witnesses is considered valid

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 5th August, 2020 and the online edition of the same can be found here.

My father passed away intestate. We are three siblings. My mother and I live in the house owned by my father, and I want this property to be transferred in my mother’s name. My brother and my sister live separately. Is there a way in which the house can be transferred to my mother without any involvement of my brother?

Wife can manage late husband’s HUF if all coparceners are minors
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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 22nd July, 2020 and the online edition of the same can be found here.

My late husband had mutual fund investments under Hindu Undivided Family (HUF). I have a son and daughter, who are minors. While some mutual funds have agreed that I can be the karta and are willing to let me liquidate investments, but two are saying I can’t be a karta. Can you explain?

—Swati Kesarkar


Continue Reading Wife can manage late husband’s HUF if all coparceners are minors

‘In terrorem clause’ is used to reduce chances of challenge to a Will
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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 7th July, 2020 and the online edition of the same can be found here.

I live in the US. I have made a Trust deed before a notary in Texas, with my children as beneficiaries. The deed has a foregoing clause, which says claims filed by my heirs challenging the conveyance of my assets to my children will result in the forfeiting of the rights of the claimants if they fail to prove that the conveyance transactions were effected on the legal grounds of fraud, coercion etc. Is the foregoing clause valid in India?

—KB


Continue Reading ‘In terrorem clause’ is used to reduce chances of challenge to a Will

In India, the law and practice in relation to property and inheritance have traditionally been more patriarchal. Unfortunately, married daughters were quite often not regarded as the heir apparent to a family’s estate and business; and sons continue to be the ‘chosen ones’. Many business families remain reluctant to pass their business wealth and assets onto their married daughters due to the perceived risk that the property ends up being controlled by the in-laws of the daughters. This becomes even more pronounced for ‘promoter’ families with significant holdings in public listed companies. How can such Promoters pass on their business wealth to their daughters, and can they do so without losing control over the company?


Continue Reading SEBI clarifies status of married daughters becoming promoters in listed companies

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 26th May, 2020 and the online edition of the same can be found here.

My parents have a flat in a housing society in Gurugram and it’s in their joint names. My father is no more and according to his Will (not registered or probated but notarized and on stamp paper with two witnesses), all his property and wealth went to my mother. Now, she has a Will, dividing all her fixed and movable wealth among her three children. If we need to sell the property after our mother dies, what are the steps we should take for smooth sale? The conveyance deed is original, with the names of both my parents. Since we do not live in Gurugram, we want to avoid running around to different departments. Can you give us the right procedure? Is there any agency that can help us in Gurugram? Will there be any tax liability at the point of sale? Who will need to bear it?

—Anshi Dorairaj


Continue Reading Without a Will, all Class 1 heirs inherit equal share in a property

Eldest Female Coparcener HUF
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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 12th May, 2020 and the online edition of the same can be found here.

My father recently passed away. We had an Hindu Undivided Family (HUF). It comprises of my mother, my two brothers and one elder sister. My father was the karta. Can we make our mother or unmarried elder sister the karta? What will happen when the sister gets married?

—Raman Verma
Continue Reading Eldest female coparcener can be karta of a Hindu Undivided Family