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?
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 November, 2021 and the online edition of the same can be found here.
My brother-in-law passed away suddenly and has not left any Will. He has a house in his name which is under mortgage for a loan. He is survived by his wife, a son who is a major and his mother. The house isn’t an ancestral property. It is a Hindu family. If the house is sold after a few years of the death of his mother, who will be the legal heirs for the money? Will it be my sister and her son only or will the legal heirs of the mother (another son and two daughters) also be a part?
—Name withheld on requestContinue Reading If my brother-in-law died intestate, who will be the legal heir?
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 29th September, 2021 and the online edition of the same can be found here.
Do married daughters have rights over their father’s self-acquired property if the father passed away in 1999, which is before the Hindu Succession (Amendment) Act, 2005? Also, the daughters in this case were married before 1986, after they received proper settlements with land plots and were told that they would have no share in the remaining property of the father, earmarked for the sons. The father also wrote a Will stating that all his acquired property will go to his wife and sons alone. But due to his illness, he could not get it signed by two witnesses. Also due to change of residence and his death, only a photocopy of this Will was found. Can this Will be used in any way?
—Name withheld on requestContinue Reading A Will is invalid in the absence of witnesses
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 requestContinue Reading Siblings get estate in intestacy if parents pre-decease owner
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?
—Name withheld on request Continue Reading Family arrangement in writing can avoid dispute over property
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 requestContinue Reading The rights of a legal heir supersede the rights of a nominee
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
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 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
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