Home > Money > Question
Need Expert Advice?Our Gurus Can Help
Samkit

Samkit Maniar  |174 Answers  |Ask -

Tax Expert - Answered on Feb 10, 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
Asked by Anonymous - Feb 08, 2024Hindi
Listen
Money

Hi.... My mother is in abroad with me, And she wants to draft a will to share or gift her property with my only sister and myself in India. kindly suggest what is the correct way of executing this transfer of property.

Ans: I can certainly assist in drafting a will.

You also need to understand implications where you are currently residing. I can certainly assist.
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.
Money

You may like to see similar questions and answers below

Moneywize

Moneywize   |174 Answers  |Ask -

Financial Planner - Answered on Jan 22, 2024

Asked by Anonymous - Jan 21, 2024Hindi
Listen
Money
I am male, 38 and my sister 32. Both are married. Our property in Ahmedabad was in my both parents' name(Each 50% share). My father died in 2020. He wrote an unregistered will in my name. How do I get flat transferred in my name. Is there any way to transfer flat in my name as well as in my sister's name?
Ans: It's essential to consult with a legal professional to get accurate advice tailored to your specific situation and the laws applicable in India.

Here are some general steps and considerations:

Probate of Will:

If your father left a will, the first step would typically be to probate the will. Probate is a legal process where the court validates the will and gives legal authority to the executor (you, in this case) to distribute the assets according to the terms of the will. Unregistered wills can also be probated, but the process may vary.

Legal Assistance:

Consult with a lawyer who specialises in property and inheritance laws. They can guide you through the specific steps and requirements for probating an unregistered will and transferring the property.

Transfer of Ownership:

Once the will is probated, the legal process for transferring the property into your name and your sister's name can begin. This may involve updating the property records and obtaining a new title deed.

Inheritance Laws:

Be aware of any local inheritance laws that may affect the distribution of property. In some cases, there may be legal provisions for the surviving spouse or other heirs.

Mutual Agreement:

If you and your sister both agree on the distribution as per your father's will, the process may be smoother. You might consider a family settlement deed or another legal document to formalise the agreement.

Update Property Records:

Ensure that the property records are updated with the appropriate authorities, reflecting the change in ownership. This may involve submitting the probated will and other necessary documents.

Tax Implications:

Consider any tax implications associated with the transfer of property. In some cases, there may be stamp duty or other taxes involved.

Legal Heir Certificate:

Obtain a legal heir certificate if required, as it may be necessary for certain legal procedures related to inheritance.

Remember, the specific steps and requirements can vary, and it's crucial to seek professional legal advice to ensure a smooth and legally valid transfer of the property.

Consult with a good lawyer who can guide you through the process based on the laws applicable in India.

..Read more

Ramalingam

Ramalingam Kalirajan  |7201 Answers  |Ask -

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

Asked by Anonymous - Jun 13, 2024Hindi
Listen
Money
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

Latest Questions
Milind

Milind Vadjikar  |741 Answers  |Ask -

Insurance, Stocks, MF, PF Expert - Answered on Dec 03, 2024

Listen
Money
What happens when a Mutual Fund company shuts down / gets sold off?
Ans: Hello;

If a mutual fund company gets sold or fails, the process is prescribed by SEBI:

In case MF company is Sold,
The new fund house may:
1. Continue the scheme with a new name and management.

2. Merge the scheme with similar funds and offer investors the option to exit without any exit load.

In case MF company shuts down,
The fund house will:
1. Pay out investors based on the fund's last recorded Net Asset Value (NAV) and the number of units the investor holds, after deducting expenses.

2. If the company is not in a position to do so then SEBI may liquidate the funds assets and distribute the proceeds to unit holders.

It is also pertinent to note that mutual fund regulation in India is one of the most stringent and hence best, from investor's point of view, globally.

This is not just in theory. We have seen how the Franklin Templeton abrupt closure of debt funds was handled with surgical precision, by SEBI, with no loss to unitholders.


Skin in the game regulation mandates that 20% salary of key mutual fund personnel and fund managers is paid in terms of units of their funds with a 3 year lock-in.

The stocks and bonds purchased by the AMC for the fund are held by a custodian, appointed by the trust that administers the fund.

The trust engages into a investment management agreement with the AMC for managing the fund as per their mandate and within regulatory guidelines.

Registrar and Transfer Agents handle the investor registration,kyc, maintaining records, providing account and tax statements etc.

Happy Investing;
X: @mars_invest

...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.

Close  

You haven't logged in yet. To ask a question, Please Log in below
Login

A verification OTP will be sent to this
Mobile Number / Email

Enter OTP
A 6 digit code has been sent to

Resend OTP in120seconds

Dear User, You have not registered yet. Please register by filling the fields below to get expert answers from our Gurus
Sign up

By signing up, you agree to our
Terms & Conditions and Privacy Policy

Already have an account?

Enter OTP
A 6 digit code has been sent to Mobile

Resend OTP in120seconds

x