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: 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: I truly appreciate your concern in handling your sister’s legacy with care and responsibility.

Handling investments after someone’s death needs clear understanding of rules.

Let’s go step-by-step in a professional and clear way.

You have raised a very important question.

The issue is about whether the nominee or the beneficiary in the WILL gets priority.

This is a common question when dealing with mutual funds, FDs, and bank accounts.

Let us study this matter from a 360-degree angle.

Difference Between Nominee and Beneficiary in a WILL

A nominee is only a caretaker or trustee of the asset.

The nominee holds the asset temporarily on behalf of the legal heirs.

The person mentioned in the WILL is the final beneficiary of the asset.

A nominee can collect the asset. But has no right to keep it.

A WILL has more legal power over a nomination.

As per Indian law, the person named in the WILL becomes the real owner.

So, even if the nomination is in favour of others, the WILL’s instructions will prevail.

Supreme Court and High Courts have confirmed this rule in many cases.

So your wife, as the legal heir through the WILL, becomes the real owner.

The nominee must hand over the asset to your wife.

What Happens to Mutual Funds in ICICI Direct

AMCs allow the nominee to claim mutual fund units first.

The nominee must submit the death certificate and nomination documents.

However, that nominee is only a custodian of the units.

If your wife is named in the WILL, she becomes the rightful owner.

If nominee refuses to transfer, then legal route through succession can be used.

The court will support the WILL beneficiary and not the nominee.

The Certified Financial Planner will help with paperwork and rightful transfer.

What Happens to Fixed Deposits and Bank Accounts

For FDs and savings accounts, bank will allow the nominee to withdraw the amount.

But, again, nominee does not own that money permanently.

As per Indian Succession Act, the money belongs to the legal heir.

Your wife must be given the FD and savings balance as per the WILL.

If nominee does not cooperate, legal action can be taken.

The WILL is a stronger document than the bank nomination.

Legal Process for Claiming the Assets

First step is to get the death certificate from municipal authority.

Then, obtain a legal heir certificate if required by financial institutions.

Submit the WILL along with affidavit and indemnity form.

Some banks or AMCs may ask for probate of the WILL.

Probate is court validation of the WILL. It is common in large cities.

Once probate is done, all assets will be transferred easily to your wife.

Certified Financial Planner can help coordinate these legal and financial steps.

Role of Nominee in Different Asset Classes

Mutual Funds: Nominee is a trustee only. Not final owner.

FDs/Savings Account: Bank allows nominee to receive. But must hand over to legal heir.

Shares/Stocks: Nominee can get shares. But ownership depends on WILL.

LIC/ULIP: Nominee gets money. But if WILL says otherwise, nominee must pass it on.

Always remember, nomination gives temporary holding, not ownership.

If LIC, ULIPs or Insurance-Cum-Investment Policies Are Present

If your sister had any LIC or ULIP policies, please check.

If these are investment-cum-insurance policies, it’s better to surrender.

The money received can be reinvested in mutual funds with better returns.

Insurance is not a good investment option. Separate insurance and investment is better.

Mutual funds provide more flexibility and higher long-term growth.

Why Mutual Funds Are a Better Option Post Inheritance

Mutual funds offer better growth compared to fixed deposits.

FDs give fixed but lower returns. Inflation reduces real value.

Mutual funds can beat inflation and build more wealth.

Choose diversified mutual funds guided by a Certified Financial Planner.

These funds are actively managed by skilled fund managers.

They give better returns than index funds which are passively managed.

Index funds just follow the market. They don’t protect from risks.

Actively managed funds adjust portfolio as per market changes.

That gives better risk-adjusted returns over long term.

Avoid Direct Mutual Funds – Use Regular Plan With Certified Financial Planner

Direct funds look cheaper, but lack professional support.

No guidance is given on fund choice, timing or rebalancing.

You may choose wrong fund or wrong category. That reduces performance.

A Certified Financial Planner gives ongoing monitoring and review.

He helps match your goal and risk profile with suitable funds.

Regular plan cost is slightly higher. But service value is much more.

You also get proper paperwork, tax help, and exit strategy.

This avoids mistakes and saves more money in long term.

How to Secure the Money Inherited

First, consolidate all money into one savings account.

Then, create a financial goal plan.

Short-term funds can be kept in liquid funds or ultra-short term funds.

Long-term money should be put in diversified equity mutual funds.

Avoid NFOs, PMS or fancy schemes. Stick to simple, consistent performers.

Never mix insurance with investment again.

Buy pure term insurance if protection is needed.

Use mutual funds for long-term goals like retirement corpus or emergency fund.

Tax Considerations After Inheriting the Money

In India, inherited money is not taxed in your hands.

However, any gains you earn from investing it will be taxed.

For mutual funds, gains after three years are taxed at 20% with indexation.

For FDs, interest income is added to your total income and taxed.

Proper structuring through Certified Financial Planner can help reduce tax burden.

Use tax harvesting methods to lower capital gain tax legally.

Estate Planning for the Future

After your wife receives the assets, create her WILL.

This avoids future confusion for your family.

Register the WILL with proper witness and signature.

Also update nomination in all new investments.

This helps smooth claim process and saves legal hassle.

A Certified Financial Planner can guide on succession planning and asset transfer.

Think long-term and plan for smooth wealth transfer across generations.

Avoid These Common Mistakes

Thinking nominee is final owner. This is not true.

Ignoring the importance of a registered WILL.

Investing in annuities, ULIPs or insurance-linked plans.

Going for direct mutual funds without expert help.

Putting too much in FDs and ignoring mutual funds.

Not taking proper probate where needed.

Not informing relatives about existence of WILL.

Finally

Your wife, as the person named in the WILL, has the legal right to the assets.

Nominees must transfer all the money and investments to her.

Use a Certified Financial Planner to support with documentation and investment planning.

Avoid direct and index funds. Choose actively managed mutual funds in regular plan route.

Keep insurance and investment separate for better financial health.

Create a proper plan for safe and tax-efficient handling of inherited wealth.

Secure the legacy left by your sister with professional care and future-ready structure.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

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

Ans: A will if made in writing can always be amended in the form of new will. You may by giving reference of old will as well or can say that Old will to be considered as Null and void since this new will be being made.
You can make all the necessary changes in the will as you wish.
Please make sure that you get the Will registered and witnessed.

Vipul Bhavsar
Chartered Accountant
www.capitalca.in