Family arrangement in writing can avoid dispute over Property

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 21st July, 2021 and the online edition of the same can be found here.

My husband died in 2020 and left a house and a flat (currently on rent) in my name. Besides, there are some assets such as jewellery and fixed deposits that I intend to equally distribute among my two children. Should I get a Will registered for the purpose, since my son is not happy that I want to give an equal share to my daughter as well? How do I ensure that the property does not go into dispute after my demise?

Maiden name won't cause complications in property dealings
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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 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

Registration of immovable property must for valid, marketable title
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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 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

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.

Immovable Property Limitations 12 Years
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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 17th March, 2021 and the online edition of the same can be found here.

Is it possible to do a gift deed for leasehold DDA flat?

—Name withheld on request
Continue Reading Statutory limitation period for immovable property is 12 years