Will making

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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?

How legal heirs can find out investments of their deceased kin
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 20th April, 2022 and the online edition of the same can be found here.

I lost a friend a few days ago. I know that he had invested in stocks and mutual funds (MFs) but his family is unaware of this. What is the procedure by which his family can know about all the investments he had made prior to his death?

— Kartik SharmaContinue Reading How legal heirs can find out investments of their deceased kin

Succession Toolkit

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions in an article, which was published by the Outlook Money on 1st April, 2022 and the online edition of the same can be found here.

Intestate succession planning laws in India are unfavourable for women. So, women must use the tools available and become the decision-makers in how their assets are transferred. The Covid pandemic has shown that life is fragile, and tragedy can strike any time. In the course of conversations with clients, we find that most women do not undertake succession planning, and even fewer understand the need for an estate plan. This is mainly due to lack of awareness, and because they usually tend to look to their husbands and/or other family members to deal with their assets. This needs to change, especially at a time when women are becoming wealth creators in their own right and are increasingly running large family businesses. Many women today are also inheriting valuable portions of the family business.

One can execute a Will just by signing it and having it attested by two witnesses. There is no requirement for having the Will mandatorily registered in India

Continue Reading Your Succession Toolkit

Intestate
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 24th March, 2022 and the online edition of the same can be found here.

How will the property of a man who has died intestate and is survived by an elder brother having sons and a daughter, besides the sons of a predeceased elder sister,  be divided? Do the sons of the late sister have equal rights as those of the elder brother?

—Name withheld on request Continue Reading Who is the legal heir of a man dying intestate?

Release Deed
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 16th February, 2022 and the online edition of the same can be found here.

Is mutation of property possible through unregistered Will?

— Name withheld on requestContinue Reading Is release deed for immovable property a valid document?

Ancestral 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 13th February, 2022 and the online edition of the same can be found here.

I have a query on Hindu Succession act: My mother has 6 brothers and 2 sisters, of which only 4 are alive including my mother. So Originally 9 children including my mother, Each of the brothers and sisters have children in the range of 2 to 9, I am aware that at this point my mother and the other 3 living siblings are righteous claimants on the ancestral property under Class-1.

Now my question is, – When my mother and the other siblings are no more, then how will the property be distributed?

My mother’s eldest brother has 9 children and her other siblings have an average of 2-3. So, if the total number of children all put together is 30, will it still be divided by 30 or will it be divided by 9 (i.e. my mother’s share and her 8 siblings)?

— A. ShankarContinue Reading How will maternal grandparents property be distributed under Indian law?

Will Making
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 12th February, 2022 and the online edition of the same can be found here.

A person wishes that his property after his death be given to a memorial trust or a cancer hospital. At present, he wishes to have his house with him for stay during his lifetime. Is there any way by which he can make some kind of nomination so that his house (after his death) could be given to the cancer trust to be used by people visiting Mumbai for treatment?

—Iyer

Continue Reading How to bequeath a property to charity?

HUF
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 January, 2022 and the online edition of the same can be found here.

My father-in-law died of covid on 6 September 2020 and my mother-in-law died on 13 December 2020. My wife is their only daughter. I need some clarity on the following:

a. My father-in-law had some HUF (Hindu Undivided Family) bank accounts and mutual funds. How do my wife or I run the accounts or withdraw the money.

b. My father-in-law has some shares and bank accounts in which his brother or sister-in-law are the nominees. How do I claim those from them?

– Kapil R. TulsanContinue Reading How can I withdraw money from HUF accounts of in-laws?

Can a Will be written from overseas
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 16th January, 2022 and the online edition of the same can be found here.

Me and my family (wife and son) are NRIs based in Sweden. I have properties and movable assets in India. Can I write a Will on plain paper while I am in Sweden with respect to my assets? Is it okay to get it witnessed by my other NRI friends from India, based in Sweden, for the time being? What are other precautions to be taken when writing a Will from overseas with respect to assets and liabilities in India?

– Narsinh ModaniContinue Reading Can a Will be written from overseas?

Can I appoint an executor to a Will myself
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 3rd January, 2022 and the online edition of the same can be found here.

I would like to have a legal Will draft format. I want to know if I can register a Will and appoint an executor by myself or do I need a lawyer for the same?

—Name withheld on requestContinue Reading Can I appoint an executor to a Will myself?