Will making

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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.

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If your aunt wants to bequeath her house to your mother, she will have to execute a will

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 18th February, 2021 and the online edition of the same can be found here.

My 70-year-old maternal aunt is unmarried and has a house in which she, my mother, younger brother and I have been staying together since 2002. The aunt is my maternal grandfather’s sister’s daughter. My mother has an elder brother too. My aunt inherited the house from her mother. What will be the status of the house when she passes away? Will my mother still have the right to stay in it? My mother and aunt have an “either survivor bank account” and locker, in which they keep their money and valuables. What will happen to that account in case of my aunt’s death?

—Name withheld on request

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Continue Reading If your aunt wants to bequeath her house to your mother, she will have to execute a will

Rules for Will under Army order depend on when it was made
Photo Source: Mint

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 10th February, 2021 and the online edition of the same can be found here.

I am a serving Army officer (Hindu by religion). I have made my Will under Army Order 4/91; it’s an unregistered Will. I experienced a lot of problems inheriting a property from my mother, as hers was a non-registered Will, hence I want to make a registered Will. The opening lines of any Will state that “I revoke all the past Wills”. If I write that in my registered Will, it may not be as per my department’s format. The existing Will lacks detail. What should I do?

—Name withheld on request

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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?

—S. Padmanabhan

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Continue Reading Seek a probate if will lists an immovable property in Mumbai

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?

—Sehgal

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A testator doesn’t have to submit her will to sub-registrar’s office

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 20th October, 2020 and the online edition of the same can be found here.

My mother in 1987 had made a will which was not registered and was in favour of my elder sister, who is not married. My lawyer says that the unregistered will made in 1987 is valid. Please confirm this. Also, my elder sister, who is now 78, wants to make a will in my favour. My lawyer says that the will has to be registered, as currently unregistered wills are not valid. My lawyer states that my sister has to visit the registry office, and it will not be possible for the official to come home to get the signature. Please advise.

—Name withheld on request

We assume that your sister is a Hindu by faith and, hence, certain rules will apply accordingly. Testamentary succession for Hindus is governed under the Indian Succession Act, 1925. A will is very simple to make—all you need to do is put your signature onto a typed (preferred option) will, which would then need to be signed by two witnesses. It is not mandatory to register a will in India (irrespective of whether you are bequeathing immovable or movable properties).…
Continue Reading A testator doesn’t have to submit her will to sub-registrar’s office

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?

—Name withheld on request…
Continue Reading A patient enacting a will from hospital must have the doctor as one witness

A handwritten will signed by two witnesses is considered valid

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 5th August, 2020 and the online edition of the same can be found here.

My father passed away intestate. We are three siblings. My mother and I live in the house owned by my father, and I want this property to be transferred in my mother’s name. My brother and my sister live separately. Is there a way in which the house can be transferred to my mother without any involvement of my brother?

—Omkar

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Continue Reading A handwritten will signed by two witnesses is considered valid

SUSPICIOUS CIRCUMSTANCES & WILLS

The Supreme Court in the case of Kavita Kanwar v. Mrs. Pamela Mehta (“Kavita Kanwar case”), has extensively discussed certain key factors that may render a will surrounded by suspicious circumstances as invalid.

While drafting, a will may bring up feelings of discomfort, it is one of the key elements of estate planning and ensures that the testator’s wishes for distribution of his or her assets is met. Additionally, it brings about a sense of security in the testator in relation to their assets, and when considered, the advantages of drafting a will, outweigh the temporary discomfort caused by the process.…
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‘In terrorem clause’ is used to reduce chances of challenge to a Will
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 7th July, 2020 and the online edition of the same can be found here.

I live in the US. I have made a Trust deed before a notary in Texas, with my children as beneficiaries. The deed has a foregoing clause, which says claims filed by my heirs challenging the conveyance of my assets to my children will result in the forfeiting of the rights of the claimants if they fail to prove that the conveyance transactions were effected on the legal grounds of fraud, coercion etc. Is the foregoing clause valid in India?

—KB

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