Can I show my rental income in HUF account
Source: Livemint.com

The following article was first published in the Mint newspaper on 16th May, 2022. The same was written by our Private Client team at Cyril Amarchand Mangaldas, who frequently publish their comments and opinions in the Mint. The online version of the article can be found here.

I am the karta of a Hindu Undivided Family (HUF) firm. My coparceners are my wife and son. I am retired and only have rental income from a house inherited from my mother through her probated will. 

Can I show my rental income in my HUF bank account? And, as and when I sell that house, can I show the sale proceeds in the HUF account? For this, do I need to transfer the  house to HUF? If yes, then what is the procedure? Isn’t the property automatically treated as HUF property, as I am also the karta of the HUF? 

What process is required to be followed in case the property is to be bequeathed after the demise of the testator which is as per the registered Will in Delhi after the mutation has been done in the municipal records. It needs to be further clarified whether the process of probate is also to be followed in Delhi or if a succession certificate is sufficient and who would issue the same?


Continue Reading Can I show my rental income in HUF account?

Intestate

The recent Supreme Court (“SC”) judgment in the case of Arunachala Gounder vs. Ponnuswamy[1] is a significant one since it focusses on whether a sole daughter could inherit her father’s self-acquired property dying intestate, prior to the enactment of the Hindu Succession Act, 1956 (“Act”). It also delves into the order of succession after the death of the said daughter.

In this blog, we analyse the judgment and its impact on the property rights of Hindu women and widows under the Act.

Continue Reading A daughter’s right: Inheritance and devolution of her father’s self-acquired property

Intestate
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 24th March, 2022 and the online edition of the same can be found here.

How will the property of a man who has died intestate and is survived by an elder brother having sons and a daughter, besides the sons of a predeceased elder sister,  be divided? Do the sons of the late sister have equal rights as those of the elder brother?

—Name withheld on request 

Continue Reading Who is the legal heir of a man dying intestate?

reverse mortgaged property
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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 March, 2022 and the online edition of the same can be found here.

One of my relatives has reverse mortgaged his house, he died recently. It is understood that there is a specific will insisted by the banker and got executed at the time of reverse mortgage, wherein it says, “the property will devolve on my wife with absolute rights” and so on. Are the legal heirs eligible to claim for the rights of the said property?

– Arun

Continue Reading Can legal heirs have claim in the reverse mortgaged property?

property rights
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 March, 2022 and the online edition of the same can be found here.

My father had booked a flat in Mumbai many years ago but died before he could get possession. A year later, the builder handed over the flat to my mother, who currently lives there. The flat is still registered in my father’s name. What are the legalities involved in transferring the flat to her name. Also, should I have to give a NOC or power of attorney (POA) to my mother? 

— Name withheld on request

Continue Reading Should you execute PoA to relinquish property rights?

Gift deed
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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?


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

Release Deed
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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?

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?

What happens to the FD account if the deposit holder dies
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 8th November, 2021 and the online edition of the same can be found here.

If the first account holder of a fixed deposit dies, who will become the owner of the account? Is it the second account holder or all the legal heirs of the first account holder?

—Name withheld on request


Continue Reading What happens to the FD account if the deposit holder dies?