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HUF Property
Source: Livemint.com

The following article was first published in the Mint newspaper on 7th December, 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 want to transfer certain shares from my elder brother’s HUF (Hindu undivided family) account to my individual account as he is more than 75 years old now. I am not a member of his HUF. What is the legal procedure to transfer these stocks?

—Name withheld on requestContinue Reading What is the legal procedure to transfer shares from my brother’s HUF account?

Untangling the legal heirship certificate conundrum in Tamil Nadu

A legal heirship certificate is an essential document, sought by the legal heirs of a deceased individual for processing intestate succession related application in government offices. The process of applying for and obtaining a legal heirship certificate is by itself an arduous process and is riddled with a plethora of unresolved questions. The most significant of them is the issuance of legal heirship certificate to Class II legal heirs when there are no surviving Class I legal heirs.
Continue Reading Untangling the legal heirship certificate conundrum in Tamil Nadu

Will
Source: Livemint.com

The following article was first published in the Mint newspaper on 8th November, 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 had prepared a will in 2019 and got it registered. Now, I need to make some changes to it and include some additional items. Can I get the original will deed modified and get it registered again?

—Name withheld on requestContinue Reading How do I make changes to a will that was registered 3 years ago?

Should I write a will or form a trust to distribute my assets
Source: Livemint.com

The following article was first published in the Mint newspaper on 1st November, 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 76 years old and hence want to write a will. I have two houses worth ₹2 crore. We are living in one of the houses and the other is rented for ₹75,000 per month. We also booked a shop having a resale value of ₹1 crore. I have ₹1.6 crore in mutual funds and ₹65 lakh in shares. 

I have a wife and a daughter. I want all my assets to be given to my wife and thereafter to a trust that should decide on monthly distribution  of income from the assets to my daughter and grandson. Thereby, I want to ensure that the assets generate wealth without being misused by anyone. Please guide me on how I should go about setting up a trust.

—Name withheld on requestContinue Reading Should I write a will or form a trust to distribute my assets?

How is property divided if any of the heirs die after a will is made
Source: Livemint.com

The following article was first published in the Mint newspaper on 18th October, 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.

My grandfather left a will in the name of my father in 1996 for one-third share in his property. My father died in 1997 leaving me, my sister and mother behind. My grandfather died in 2008 leaving behind his three children and a wife (my grandmother). As per my knowledge, the will isn’t registered with the sub-registrar. In 2022, the land was divided into five equal shares, with the will not coming into consideration. 

I want to understand whether the will is valid considering that my father died before my grandfather? Can the will leave its content to me, my sister and my mother since we are heirs of my father ? If yes, will my father’s share be considered in the two-third of the land that doesn’t show up in the will?

—Name withheld on requestContinue Reading How is property divided if any of the heirs die after a will is made?

Do FDs accrue interest after owner’s death
Source: Livemint.com

The following article was first published in the Mint newspaper on 4th October, 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.

My parents died and I am their nominee in the various fixed deposits (FDs) they left behind. The FDs will mature on different dates in the next two years. Can I withdraw an FD at the time of maturity? What would be rate of interest payable on these deposits from the date of death of parents till the maturity date. Also, is it compulsory for the nominee to withdraw all FDs after the death of the holder?

—Name withheld on requestContinue Reading Do FDs accrue interest after owner’s death?

Can you contest for any changes in a will made by your father
Source: Livemint.com

The following article was first published in the Mint newspaper on 3rd August, 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.

My father has in his will made long back stated that his property should be transferred in the name of my elder brother in the unfortunate event of his death. I am married now but as his only daughter, can I contest for changes to be made in the Will and thereby get a share in his property?

—Name withheld on request Continue Reading Can you contest for any changes in a will made by your father?

Dissolution of HUF
Source: Livemint.com

The following article was first published in the Mint newspaper on 21st July, 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.

What are the steps that a woman needs to take to transfer shares to her son upon the dissolution of a HUF (Hindu undivided family)?

—Name withheld on request Continue Reading How a woman can transfer shares to her son on dissolution of HUF

joint power of attorney
Source: Livemint.com

The following article was first published in the Mint newspaper on 29th June, 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 sole owner of a plot of land. Can I write a joint power of attorney to my two sons so as to enable them to sell or register that by mutual agreement and later share the amount?

— Name withheld on requestContinue Reading How do I give a joint power of attorney to my sons to sell land?

Property Law
Source: Livemint.com

The following article was first published in the Mint newspaper on 14th June, 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 an Indian, but my brother settled down in Bangladesh 30 years ago and is now a citizen there. He wants to gift me the property that he inherited here after the demise of our father. What is the process for this transaction?

— Name withheld on requestContinue Reading Can my brother living in Bangladesh gift me land inherited here?