With due respect and humble submission I like to take your kind suggestions on my query as under:

1. That Sir, through succession we the two surviving brothers likely to get bank deposits and marketable securities of equity like shares and MF of our deceased unmarried younger brother who died recently intestate.

Under the above facts and circumstances please enlighten me whether we will have to pay income tax on the money received through succession and how we will show it in income tax return?

Secondly, please inform how we will receive the money from the bank authority or from the depository participant so as to avoid future complications on income tax return. Thanking you.

Ans: Hi Kedarji
Based on your question, apparently on property records, your mother-in-law is the owner of the land. I do not wish to get into the legal heirship aspect of the land post your father-in-law's demise and hence i would restrict my answer within the perspective of your query.

As your MIL is the legal owner and she is the person selling the land, she will be the person liable to tax for the capital gain arising on sale of the NA land.

The distribution of the net sale proceeds to the 3 daughters could be treated as gift backed up with the relevant paper work such as executing the gift deed etc., to ensure that there is no further taxability to the 3 daughters

Ans: I offer my opinion on your above questions, point wise as under :
01. First of all refer to the "WILL" of your Father & Mother. Their share should be transferred, in the name of the beneficiary of the WILL, may be you, your wife of anybody else.
02. Till the date of death, your father & mother are entitled to 1/3 RENTAL INCOME EACH.
03. You are supposed to file ITR of your Father & Mother, after their death, till the date they were alive, along with their all other Income, whether from pension or any other source. ITR should be filled by you as their legal heir/representative asessee.
04. Portion of rental income of your wife, shall be continued to be shown in her ITR.
05 When property share of your father & mother is transferred in the name of beneficiaries, they will be responsible to show this income in their ITRs.
06. If there is "REGISTERED WILL" property can be transferred in the name of beneficiary. If there is no "WILL" then the property shall be divided among all legal heirs equally. However, some of the stake holders may opt for having no share in the property.
Most welcome for any further clarifications. Thanks.

Ans: Let's address your queries one by one:
1. After payment of Estate Duty in the USA, when the brokerage is allowed to release the shares, where will the shares of C have to be kept?
o Once the Estate Duty is paid, the brokerage can release the shares. Since C is a minor, his 50% share should be kept in a custodial account until he reaches the age of majority. The shares cannot be sold and the money parked in a bank account in India without following proper legal procedures and tax regulations.
2. When a part of the shares are sold by the brokerage for payment of Estate Duty, will the sale price attract capital gains tax?
o Yes, the sale price will attract capital gains tax. The capital gains tax will be calculated based on the difference between the sale price and the fair market value of the shares at the date of death.
3. What will be the cost of acquisition for B & C? Will it be the price at which the shares were originally acquired or the price on the date of death of the holder (this is the rate which has been considered for calculation of the Estate Duty)?
o The cost of acquisition for B and C will be the fair market value of the shares on the date of death of the holder. This value is used for calculating the Estate Duty.
I hope this helps clarify things. If you have any more questions or need further assistance, feel free to ask.

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