Hindu Undivided Family

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A family settlement agreement offers a hassle-free solution
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 October, 2021 and the online edition of the same can be found here.

We are two brothers and one sister. In the event of our parent’s demise, we brothers stand to inherit some immovable property and we plan to pay some amount to our sister in settlement. What is the right way to execute this?

⁠— Name with held on requestContinue Reading A family settlement agreement offers a hassle-free solution

Rights of 'members' of an HUF remain extremely limited
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 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

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.

—Kusuma
Continue Reading If the property is ancestral, you could claim a right in it

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)?

—Name withheld on request
Continue Reading Examining the gift deed is key prior to any legal challenge

Destroy older will if you make a new one with revisions

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 04th November, 2020 and the online edition of the same can be found here.

I made a will and got it duly registered, declaring my wife as the executor and trustee. After her demise, my daughter and son will be the executors and trustees. Both my children will have absolute discretion to whom they give their shares during their lifetime or after their demise. Is the format alright?

—SehgalContinue Reading Destroy older will if you make a new one with revisions

Photo by Robert Eklund on Unsplash

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions shared in an article which was published by Moneycontrol.com on 12th August, 2020 and the same can be found here.

The Indian judiciary continues to take progressive steps towards making succession law more women friendly. In the landmark case of Vineeta Sharma v. Rakesh Sharma (Judgment), a 3 judge Bench of the Supreme Court (SC), on August 11th, 2020, held that daughters would have equal coparcenary rights same as that of a son in a Hindu Undivided Family (HUF). The SC clarified two points:

    • Coparcenary rights are acquired by a daughter at birth; and

Continue Reading What is the impact, do wives benefit and other questions about SC ruling giving daughters equal rights over their father’s property answered

Wife can manage late husband’s HUF if all coparceners are minors
Photo: istock

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 22nd July, 2020 and the online edition of the same can be found here.

My late husband had mutual fund investments under Hindu Undivided Family (HUF). I have a son and daughter, who are minors. While some mutual funds have agreed that I can be the karta and are willing to let me liquidate investments, but two are saying I can’t be a karta. Can you explain?

—Swati Kesarkar

Continue Reading Wife can manage late husband’s HUF if all coparceners are minors

Eldest Female Coparcener HUF
Photo: istock via livemint.com

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 12th May, 2020 and the online edition of the same can be found here.

My father recently passed away. We had an Hindu Undivided Family (HUF). It comprises of my mother, my two brothers and one elder sister. My father was the karta. Can we make our mother or unmarried elder sister the karta? What will happen when the sister gets married?

—Raman Verma
Continue Reading Eldest female coparcener can be karta of a Hindu Undivided Family

Wedding Succession Planning - Inheritance rights of Hindus

When one is about to get married, there are myriad thoughts crossing one’s mind all at once – from meticulous planning of the upcoming nuptials, to mundane but practical matters such as updating official documents, to creating social media hashtags. A wedding is after all a momentous occasion in a person’s life, and planning is key. It might be safe to say, however, that the thought of how marriage will impact one’s inheritance rights and succession planning in anticipation are usually not top of the list.

In this blog, we discuss this important but rarely discussed topic – the effect of marriage on inheritance rights and planning in anticipation of marriage. As this is a vast topic and issues vary depending on the facts of each case, we have discussed some of the key issues and limited the discussion in this post to Hindus.
Continue Reading Wedding (Succession) Planning: Analysing Impact of Marriage on Inheritance Rights of Hindus