If my brother-in-law died intestate, who will be the legal heir?
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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 24th November, 2021 and the online edition of the same can be found here.

My brother-in-law passed away suddenly and has not left any Will. He has a house in his name which is under mortgage for a loan. He is survived by his wife, a son who is a major and his mother. The house isn’t an ancestral property. It is a Hindu family. If the house is sold after a few years of the death of his mother, who will be the legal heirs for the money? Will it be my sister and her son only or will the legal heirs of the mother (another son and two daughters) also be a part?

—Name withheld on request


Continue Reading If my brother-in-law died intestate, who will be the legal heir?

Two witnesses need to be present for executing a 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 10th November, 2021 and the online edition of the same can be found here.

My father wants to transfer our house to my sister as a gift deed. I’m willing to sign a no objection certificate for the same. My father cannot hold a steady hand while writing or signing and is not able to get up on his own, let alone walk. The house is in my father’s name. My sister has been caring for my mother and father for years now. Somebody said that we should hire a pro for video recording if my father cannot go to the registration office to sign the gift deed. It could cost 30,000-40,000. Would his thumb impression taken at home be enough? What is the right process to follow?

—Name withheld on request


Continue Reading Two witnesses need to be present for executing a gift deed

A will can help in ensuring smooth transition of assets
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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 27th October, 2021 and the online edition of the same can be found here.

My question is regarding my share in a house built by my father. The said house was built in 1990 and registered in the name of my mother and my elder brother (I was a minor then). My father passed away in 2016 and all immovable assets were transferred in my mother’s name. My mother has always maintained that all her assets, movable and immovable, be shared equally between us brothers. She has not made any Will and I do not feel comfortable asking her to make one either. My question is that in the absence of any Will, what is my share in the said house? Since the house is registered jointly in the name of my brother and my mother, she legally owns half of the house. Will my share amount to half of her share, i.e 50% of 50% = 25% or will it be her complete share, i.e 50%?

—Name withheld on request


Continue Reading A will can help in ensuring smooth transition of assets

A Will is invalid in the absence of witnesses
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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 29th September, 2021 and the online edition of the same can be found here.

Do married daughters have rights over their father’s self-acquired property if the father passed away in 1999, which is before the Hindu Succession (Amendment) Act, 2005? Also, the daughters in this case were married before 1986, after they received proper settlements with land plots and were told that they would have no share in the remaining property of the father, earmarked for the sons. The father also wrote a Will stating that all his acquired property will go to his wife and sons alone. But due to his illness, he could not get it signed by two witnesses. Also due to change of residence and his death, only a photocopy of this Will was found. Can this Will be used in any way?

—Name withheld on request


Continue Reading A Will is invalid in the absence of witnesses

Rights of 'members' of an HUF remain extremely limited
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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 14th September, 2021 and the online edition of the same can be found here.

What is the status of the wife of the grandson in a Hindu undivided family (HUF)?

—Shiv Kumar Jha


Continue Reading Rights of ‘members’ of an HUF remain extremely limited

Probate Compulsory for a Will to bequeath property in Mumbai
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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 18th August, 2021 and the online edition of the same can be found here.

I reside in Mumbai with my family in a flat transferred to me as per the Will of my father after his death. Now, I wish to sell this flat. I have two siblings, one in Mumbai and another in Chennai. For selling the flat, is it necessary to get their approval? Do they have to sign the sale deed, as the Will is not probated? My brother in Chennai is unable to move out of his house due to ill health. Is it necessary to get a power of attorney (PoA) from him to sell the flat? If yes, how can it be done? Is it necessary that I must also be present to sign in the PoA? Also, considering the health of my brother, is there a provision to call the registrar home and certify the PoA deed? Please advise.

—Mallika G.


Continue Reading Probate Compulsory for a Will to bequeath property in Mumbai

Siblings get estate in intestacy if parents pre-decease owner
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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 04th August, 2021 and the online edition of the same can be found here.

My elder brother and his wife died recently. They don’t have any children and have not left behind a Will. We were three brothers of whom now I am the sole survivor. We also have two sisters who are married. Now, who will be the successor to my late brother’s property, including movable and immovable assets?

—Name withheld on request


Continue Reading Siblings get estate in intestacy if parents pre-decease owner

Family arrangement in writing can avoid dispute over 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 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?

The rights of a legal heir supersede the rights of a nominee
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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 07th July, 2021 and the online edition of the same can be found here.

My father and mother passed away after they came down with covid. My father had made a registered Will in 2015. According to that document, my nephew has been named the claimant of all his liquid assets. However, after 2015, my father declared me as his nominee in almost all his bank accounts. Under these circumstances, who is the rightful claimant of my father’s liquid assets, my nephew or myself?

—Name withheld on request


Continue Reading The rights of a legal heir supersede the rights of a nominee

PROBATE REQUIREMENT IN DELHI & AROUND

Introduction

A probate is a certificate granted by the court in respect of a Will, which proves the validity of the Will and grants rights to the executor to administer the estate of the deceased testator in the manner set out in the Will. Post the demise of the testator, the executors named in the Will can apply to the jurisdictional court to seek a probate to establish the authenticity of the Will.
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