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

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

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?

Will executed by a Muslim does not mandatorily need a probate
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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 02nd December, 2020 and the online edition of the same can be found here.

My maternal grandfather had inherited some property from his father. My mother passed away in 1997 and my grandfather in 2018 without any partition or will. My mother’s brother is denying that I have any share in the property. Do I have a legal share in it as the son of a predeceased daughter, as per the recent clarifications on the Hindu Succession Act?

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?

A patient enacting a will from hospital must have the doctor as one witness
A close up of a man signing his last will and testament (istockphoto)

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 September, 2020 and the online edition of the same can be found here.

One of my uncles is in hospital, getting treatment for covid-19. As his condition is serious, he is planning to make a will. How should he go about making a will that cannot be challenged in the court on the grounds of his mental health?

A daughter has an equal right to that of a son on ancestral property
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 1st September, 2020 and the online edition of the same can be found here.

My husband has one brother and one sister. Due to some family issues between my mother-in-law and me, we are not in contact since 2013. In 2017, we came to know that my father-in-law has given all his retirement money to my brother-in-law to purchase a flat worth 24 lakh. My in-laws stayed in their ancestor property. Can we get a share in this ancestral property?