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Tax Expert - Answered on May 26, 2024

CA Samkit Maniar has eight years of experience in income tax, mergers and acquisitions and estate planning.
He has graduated from Mumbai’s N M College of Commerce and Economics and has completed his CA from The Institute of Chartered Accountants of India."... more
Manoj Question by Manoj on May 16, 2024Hindi
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My father write will on plain paper in front of two relatives that my own house after my death it's devide in my two sons. My question is- 1. Is it valid will. 2. if one son not agree on the will and that son capture the whole house In this situation what happen how i get my part. i want to avoid any police or legal action. 3. Division is not possible in house as per design. Only one option available that one person give the half amount to other. 4. Is it possible to court sale the house and devide the amount in both son.

Ans: Will is valid even on a plain paper but needs to be executed by 2 witnesses. Further, it depends on the executor to appropriately divide the assets between both (ie you and your brother). If the house cannot be divided then it can be sold and proceeds can be divided equally. You can go to court but then sale will take its own time its better you resolve this issue within the family.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam

Ramalingam Kalirajan  |11185 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jun 13, 2024

Asked by Anonymous - Jun 13, 2024Hindi
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Hi. Can my mother of two sons get her will registered for a residential property with half share each for both her Sons. Now the property was registered in mother's name in year 2000 for 15 lacs. A loan was taken by the younger son for 12 lacs to finance the property. This loan was in due course paid off. Now mother in present situation is aged and wants to will her property equally to both her sons. Can she go ahead with registered will. Also what other documentation needs to be done so that there is no dispute in future among brothers.
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

..Read more

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Ramalingam

Ramalingam Kalirajan  |11185 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 25, 2026

Asked by Anonymous - May 25, 2026Hindi
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Hi, I am 43 yrs old, working as a Senior Delivery Manager in an IT company, CTC is 66lacs. My current investment in MF is 29Lacs, 11Lacs in ULIP insurance and 43Lacs in EPF and 25Lacs in Stocks. Current monthly investment I am doing 1.5lacs in MF, 42K in ULIP and 42K in EPF. I own 2 flats, 1 car, total pending principal amount is currently pending is 55 Lacs and monthly EMI I paid around 90K and all 3 EMI will run for next 7 yrs. My family is completely depending on me, including my wife(Home maker), my son 9yrs and my daughter 1 yr. What is your thoughts on my current investment plan, my liabilities? My monthly expenditure is around 1lacs including everything excluding EMI. I want to get my financial freedom soon so how much money I should have before I decide to get retired. Do I need to change anything on my investment plan? Any financial guidance from Gurus?
Ans: You are doing many things right. At 43, with a high income, disciplined investing habit, good EPF accumulation, decent MF corpus, and strong monthly savings capacity, you are already in a much stronger position than many families in your age group. Your commitment towards family security and wealth creation is clearly visible.

However, because your family is fully dependent on you and you have multiple liabilities running together, this is the stage where proper structuring becomes more important than just investing aggressively.

» Current Financial Position Assessment

– Your total financial assets are already meaningful:

Mutual Funds – Rs.29 lakhs
Stocks – Rs.25 lakhs
EPF – Rs.43 lakhs
ULIP – Rs.11 lakhs

– Total financial assets are around Rs.1+ crore range excluding property value.

– Your monthly investments are also very strong:

MF SIP – Rs.1.5 lakhs
EPF – Rs.42,000
ULIP – Rs.42,000

– Monthly savings discipline itself is excellent.

– Your income-to-expense ratio is healthy even after large EMIs.

This shows strong earning capability and disciplined cash flow management.

» Biggest Positive in Your Case

– Your age is still on your side.

– Your SIP amount is already large enough to create serious wealth over the next 10-15 years.

– Your EMI tenure is only another 7 years. Once loans close, your free cash flow can rise sharply.

– Your current lifestyle inflation looks controlled despite a high salary. That is a major strength.

– You are building assets while managing responsibilities together. That balance is appreciable.

» Area Which Needs Immediate Attention

Your biggest concentration risk is not investment risk.

It is “income dependency risk”.

Entire family depends on one income source.

You have:
– Home loans
– Young children
– Homemaker spouse
– Long responsibility runway

So your financial structure should focus strongly on:
– protection
– liquidity
– retirement independence
– reducing complexity

» About Your ULIP Investment

Your ULIP contribution of Rs.42,000 per month is quite high.

In many cases, ULIPs become less efficient because:
– insurance and investment are mixed together
– charges can reduce long-term efficiency
– flexibility is lower
– transparency is lower
– switching decisions become restricted
– returns may not justify long lock-in periods

Since you already have meaningful MF investing discipline, separating insurance and investment can improve efficiency.

If the ULIP has already crossed lock-in and surrender becomes financially practical, you may evaluate:
– reducing future allocation
– surrendering after detailed review
– redirecting future investments towards quality actively managed mutual funds

Actively managed mutual funds can offer:
– professional fund management
– downside management during market stress
– portfolio correction based on valuations
– flexibility across sectors and market caps

This becomes important for someone like you who cannot afford major capital destruction close to retirement goals.

» Why Active Funds May Suit You Better

You are in wealth-building stage, not passive accumulation stage alone.

Index investing has some limitations:
– no protection during market crashes
– full participation in overvalued sectors
– no valuation-based decision making
– no cash holding flexibility
– weak downside management
– blindly follows index composition

For high-income professionals with family dependency and large future goals, active allocation becomes more useful.

A good Certified Financial Planner along with a qualified Mutual Fund Distributor can help monitor:
– asset allocation
– taxation
– rebalancing
– market cycles
– risk reduction

That guidance itself adds long-term value.

» About Your Stock Portfolio

Direct stocks worth Rs.25 lakhs is acceptable only if:
– portfolio is diversified
– stock selection is research-based
– allocation is monitored
– emotional decisions are avoided

Otherwise, over time, excessive direct equity exposure can create concentration risk.

For senior IT professionals, career stability itself is linked to market cycles. So investment portfolio should not become too aggressive simultaneously.

You may slowly move towards:
– more structured mutual fund allocation
– lower stock concentration
– better diversification

» Your Loan Situation

Outstanding principal of Rs.55 lakhs is manageable considering:
– your income level
– high savings capacity
– remaining tenure only 7 years

This is not an alarming debt level.

However:
– avoid taking any fresh major loans
– avoid lifestyle upgrades through borrowing
– build stronger liquid reserves

Once EMIs close, your cash flow may improve by nearly Rs.90,000 monthly. That itself can accelerate financial freedom significantly.

» Emergency Fund Requirement

This is one area where many high earners underestimate risk.

You should maintain at least:
– 12 months of total household obligations

That includes:
– EMI
– household expenses
– school expenses
– insurance premiums

Considering your profile, emergency liquidity should be strong and easily accessible.

» Insurance Review

Since your family fully depends on you, adequate pure term insurance is very important.

You should review:
– whether existing life cover is sufficient
– whether family goals are fully protected
– whether liabilities are covered adequately

Also ensure:
– family floater health insurance is strong
– critical illness cover is available
– personal accident cover exists

Protection planning is extremely important for single-income families.

» How Much Corpus Needed for Financial Freedom

Your current family expenses:
– around Rs.1 lakh monthly excluding EMI

Future realities:
– children education inflation
– healthcare inflation
– lifestyle inflation
– retirement longevity

After including these, your long-term family requirement can become much larger than current expense levels suggest.

For someone with:
– young children
– dependent spouse
– high lifestyle responsibility
– long retirement horizon

Financial freedom generally requires a very substantial retirement corpus.

You should target a stage where:
– investment income alone can comfortably manage family expenses
– education goals are separately funded
– loans are fully closed
– medical contingencies are covered
– retirement income does not depend on salary

Considering your current savings pace, you are on a good path if:
– investments continue consistently
– income remains stable
– unnecessary liabilities are avoided
– asset allocation is improved

» Suggested Changes in Your Plan

– Continue strong MF SIPs
– Review ULIP continuation carefully
– Increase allocation towards actively managed diversified funds
– Reduce dependency on direct stocks gradually if concentration is high
– Build larger emergency corpus
– Avoid fresh liabilities
– Review term insurance adequacy
– Ensure goal-based investing for children
– Do periodic portfolio rebalancing
– Plan retirement corpus separately from children goals

» Finally

You are already in a financially progressive position. The next stage is not about investing more aggressively. It is about investing more intelligently and structurally.

Your income is strong today. If you combine that with:
– proper risk management
– disciplined investing
– controlled liabilities
– better portfolio structuring
– long-term consistency

then achieving financial freedom in your 50s is very much achievable.

The biggest wealth creators are not always the highest earners. They are the people who sustain disciplined investing for long periods while avoiding major mistakes. You are already showing many of those qualities.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.linkedin.com/in/ramalingamcfp/

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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