Property transfer will take place under HSA in case there's no will
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 June, 2021 and the online edition of the same can be found here.

My father passed away in 2016. He left behind a house where I stay with my wife, mother and younger brother, who is unmarried. My mother is willing to transfer the house to my brother and I as a gift. So, these are my questions. First, what is the process for getting the ownership changed to my brother and I? Second, what are the fees to be paid to the government, if any? Third, how much taxes are we supposed to pay? Fourth, is there a time limit to transfer the ownership? Fifth, how much will it cost in lawyer fees?

—Name withheld on request


Continue Reading Property transfer will take place under HSA in case there’s no will

The validity of a Will is determined by a testamentary court

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 26th May, 2021 and the online edition of the same can be found here.

My grandmother executed a Will and got it registered at the sub-registrar’s office. While putting her thumb impression, she did it twice. She is educated and appended her signature on it. The staff captured her image and took her thumb impression on the computer, too. Will it affect the genuineness of the Will?

—Chimnay


Continue Reading The validity of a Will is determined by a testamentary court

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.

In your Will, add a guardian for minor children
Image Source: Livemint.com

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions in the  following article which was published by Livemint and the online edition of the same can be found here.

A disturbing trend from the second wave of covid is the increasing number of orphaned and vulnerable minor children across India. While some minors have lost both their parents, others are in a situation where their surviving parent is unable to take care of oneself or the family. Families are often confused and scared about what to do in such scenarios. Parents admitted to certain hospitals are being made to sign declarations about their children’s ‘custody’ if they do not survive.


Continue Reading In your Will, add a guardian for minor children

Examining the gift deed is key prior to any legal challenge
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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 14th April, 2021 and the online edition of the same can be found here.

I am 76 and in the process of writing my will. At present, I have a residential apartment in my name, along with my wife and elder daughter. As per my will, can I assign this property to my wife and younger daughter (and not my elder daughter)?

Inheritance in absence of will

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 31st March, 2021 and the online edition of the same can be found here.

I got married to a widower with an adopted girl, who is now 25 years old. The property is in the name of my husband, who’d told me that he had explained to the daughter that I would get the property after his death and then to her as she is the only child. The house we stay in is in his name, with the nominee being his daughter. He is not taking initiative to discuss or make both of us secure. Please advise the best course of action. She neither wants to get married nor take up a job.

— Name withheld on request


Continue Reading Inheritance in absence of will creates co-ownership rights over assets

If your aunt wants to bequeath her house to your mother, she will have to execute a will

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 February, 2021 and the online edition of the same can be found here.

My 70-year-old maternal aunt is unmarried and has a house in which she, my mother, younger brother and I have been staying together since 2002. The aunt is my maternal grandfather’s sister’s daughter. My mother has an elder brother too. My aunt inherited the house from her mother. What will be the status of the house when she passes away? Will my mother still have the right to stay in it? My mother and aunt have an “either survivor bank account” and locker, in which they keep their money and valuables. What will happen to that account in case of my aunt’s death?

—Name withheld on request


Continue Reading If your aunt wants to bequeath her house to your mother, she will have to execute a will

Rules for Will under Army order depend on when it was made
Photo Source: Mint

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 10th February, 2021 and the online edition of the same can be found here.

I am a serving Army officer (Hindu by religion). I have made my Will under Army Order 4/91; it’s an unregistered Will. I experienced a lot of problems inheriting a property from my mother, as hers was a non-registered Will, hence I want to make a registered Will. The opening lines of any Will state that “I revoke all the past Wills”. If I write that in my registered Will, it may not be as per my department’s format. The existing Will lacks detail. What should I do?

—Name withheld on request


Continue Reading Rules for Will under Army order depend on when it was made

It isn’t mandatory to execute gift deed for transferring shares
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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 27th January, 2021 and the online edition of the same can be found here.

I wish to gift shares worth a few lakhs of rupees to my parent, who is retired and has no income, so that the dividend can be used as income. Will I need to make a gift deed and register it? Will my parent be taxed? Can my parent gift or will back the shares to me at a later date?

Seek a probate if will lists an immovable property in Mumbai

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 13th January, 2021 and the online edition of the same can be found here.

My late mother, by way of a will, transferred her residential flat in Mumbai to my late father. The managing committee (MC) wanted my father to probate the will. The deputy registrar (during my late father’s lifetime) gave written orders that since my mother’s will is unchallenged, no probate was required. However, since the MC insisted, we approached the high court (after my dad passed away) where it was mentioned that an undisputed will needs no probate. My late father made a nomination mentioning me, my sister, my wife and two sons. My sister and I, the legal heirs, entered into a family agreement, wherein she released her right to the flat in my favour. Now, the MC is again asking for a probate of the will. What should I do next?