I am 64, retired from private sector. I have SCSS & FD of 57-L - SCSS maturing mid-2025. I had invested jointly most of my savings in MF-sector in 2017(@57) - which has grown thrice since. Since my wife's sudden demise (2019), I had been redeeming considerable amounts & topping-up both my son's portfolios, at intervals(though both are 50-50 nominees to all my portfolios). Kindly advice if the above process is better than making a will with details ? Do you have to register the will ? What is the procedure ?

Ans: The taxation depends on the source of the 11 lakhs. If you are planning to invest this money for long term , you can go for a balanced portfolio of mutual funds.

Ans: Yes, your mother can get her will registered for the residential property, allocating half share to each of her sons. This process involves several steps to ensure that the will is legally valid and that there are no disputes in the future.

Steps to Register the Will
Drafting the Will: The will should clearly state her intention to divide the property equally between both sons. It should include specific details about the property, such as its location, registration details, and any other pertinent information.

Appointment of Executors: Your mother should appoint one or more executors in her will. Executors are responsible for carrying out the terms of the will. It is advisable to choose trustworthy and impartial executors.

Witnesses: The will must be signed by your mother in the presence of at least two witnesses who are not beneficiaries in the will. The witnesses must also sign the will, confirming that they saw her sign it.

Registration of the Will: Although not mandatory, registering the will with the local sub-registrar’s office is highly recommended. This provides a legal safeguard against future disputes. The process involves:

Visiting the local sub-registrar’s office.
Submitting the will along with required documents (proof of identity, proof of residence, etc.).
Paying the registration fee.
The sub-registrar will then record and register the will.
Additional Documentation and Steps to Prevent Future Disputes
To further ensure there are no disputes in the future, consider the following additional steps:

Family Settlement Agreement: If both sons agree, your mother can draft a family settlement agreement. This agreement can state that both sons have agreed to the equal division of the property and that they will respect the terms of the will. This should be signed by all parties involved and can be notarized for added legal strength.

Declaration of No Objection: Both sons can sign a No Objection Certificate (NOC) stating they have no objections to the property being divided equally as per their mother’s will. This can be attached to the will or kept as a separate

Consulting a Lawyer: It is advisable to consult with a property lawyer to ensure that all legal formalities are correctly followed. The lawyer can help draft the will, the family settlement agreement, and the NOC to ensure they are legally binding.

Updating Property Records: Once the will is registered, ensure that the property records reflect your mother’s ownership clearly. This will prevent any claims of ownership or legal complications in the future.

Informing Family Members: Make sure that all family members, especially the beneficiaries, are aware of the will and its contents. Transparency can often prevent misunderstandings and disputes.

Summary
Your mother can proceed with registering her will to divide her property equally between her two sons. The will must be drafted properly, witnessed, and ideally registered with the sub-registrar’s office. Additional steps, such as a family settlement agreement and a No Objection Certificate, can provide further assurance that there will be no disputes in the future.

By following these steps and seeking professional legal advice, your mother can ensure her wishes are respected and that her sons can receive their shares without any legal complications.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

Ans: Losing a loved one is always difficult. Managing financial matters requires careful attention. Below is a detailed plan to handle your father’s accounts and investments.

1. Managing Savings Accounts
Check for nominee details on all savings accounts.

If your mother is the nominee, the process is straightforward.

Submit the following documents to the bank:

Death certificate of your father.
Nominee’s identity proof and address proof.
Bank account details of the nominee for fund transfer.
The bank will verify documents and transfer funds to the nominee’s account.

If no nominee is registered, the bank will request legal heir documents.

A succession certificate may be required.
Apply through the district court for this certificate.
2. Handling Fixed Deposits (FDs)
Joint Holder FDs:
If the FD is jointly held with “either or survivor” clause, your mother can access it directly.
Submit the death certificate and a simple application to continue or withdraw the FD.
Nominee FDs:
If your mother is the nominee, submit her identity proof and the death certificate.
The funds will be transferred to her account.
FDs Without Nominee:
For such cases, the legal heir process will apply.
Obtain a succession certificate for claiming the funds.
3. Managing the Jointly Owned Flat
The flat is jointly owned by your parents.

Your mother automatically inherits your father’s share.

To update ownership records:

Submit your father’s death certificate to the housing society.
Request a name transfer form from the society.
For legal ownership transfer:

Update property records with the sub-registrar’s office.
Submit the death certificate and joint ownership documents.
Discuss with your sister to ensure no future disputes.

4. Creating an Investment Plan for Your Mother
Assessing Current Funds:
Consolidate all proceeds from your father’s accounts and FDs.
Include the savings, FDs, and other assets your mother holds.
Identifying Financial Goals:
Prioritise safety and liquidity for your mother’s needs.
Create provisions for emergencies and regular income.
Suggested Investments:
Invest in a mix of debt and balanced mutual funds for stability.
Include senior citizen savings schemes for guaranteed returns.
Ensure liquidity by keeping some funds in fixed deposits or liquid funds.
5. Family Consent and Legal Safeguards
Discuss all financial matters openly with your sister.

Take written consent from family members before major decisions.

Create a will for your mother to avoid future complications.

Include all assets and their intended distribution in the will.

6. Tax Implications and Planning
Consult a Certified Financial Planner to manage taxes efficiently.

Interest income from FDs and mutual funds will be taxable.

Plan investments under Section 80C and 80D to save tax.

Keep track of long-term and short-term capital gains taxation.

7. Building a Comprehensive Financial Plan
Ensure your mother has adequate health and life insurance.

Set aside emergency funds for unforeseen expenses.

Regularly review investments for optimal performance.

Diversify funds to reduce risks and maintain steady returns.

8. Educating Your Family on Financial Matters
Involve your family in understanding financial procedures.

Teach them the importance of nominations and joint accounts.

Create a list of all assets and liabilities for easy reference.

Share this list with your spouse and trusted family members.

Final Insights
Handling your father’s hard-earned money requires care and responsibility. Following the correct procedures ensures smooth transitions. Create a robust financial plan to protect and grow these funds for your family’s future.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment