Probate Compulsory for a Will to bequeath property in Mumbai
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 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
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 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
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 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.
Continue Reading Probate Requirement in Delhi & Around

Property transfer will take place under HSA in case there's no will
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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 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
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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)?