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Investing for my niece: How can I protect her money from my brother-in-law?

Ramalingam

Ramalingam Kalirajan  |8027 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jan 30, 2025

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
Asked by Anonymous - Jan 30, 2025Hindi
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Hi - My sister had a daughter about 7-8 months back. I have invested 150000 in Sukanya Samriddhi (SSA) and started a SIP of 25000. I will buy gold of around 50000 so about 500000 per year for my niece. Till I am financially capable I will continue giving her yearly at least 500000. The issue is my Brother In Law keeps falling for get rich schemes and though he comes from a business family and father was a big businessman he generates no income. I want to secure my niece's future so that she is immune to anything going on with my BIL. My question is - how can I safeguard SIP from my BIL because once corpus is big enough I am afraid he will use it for some scheme. SSA is safe and hard to access and gold will be in a locker that he does not know about but SIP is in my nieces name with my sister as guardian. Please advise.

Ans: Your concern for your niece’s future is completely valid. You are taking the right steps by investing in Sukanya Samriddhi (SSA), SIPs, and gold. However, protecting her investments from potential misuse is equally important. Here’s how you can safeguard the SIP corpus from any interference.

Key Risks to Address
SIPs are in your niece’s name with your sister as guardian.
Your brother-in-law (BIL) might influence your sister to withdraw the funds.
Once your niece turns 18, she will get full access, making it vulnerable.
Steps to Secure the SIP Investments
1. Use Your Own Name as the Guardian
If possible, change the guardian to yourself instead of your sister.
As a guardian, you will control the investments until your niece turns 18.
This prevents any withdrawals without your approval.
2. Invest in a Minor Trust Instead of a Direct SIP
Set up a trust in your niece’s name with a legal framework.
The trust can specify that funds are only for education or marriage.
Your BIL or even your niece (after 18) cannot misuse the funds.
A trusted lawyer can help you create this trust legally.
3. Lock Investments in a Child Plan Mutual Fund
Some mutual funds have child plans with lock-in periods until 18-21 years.
This means no one can withdraw the funds before maturity.
Once she turns 18, she can only use the money for specific purposes.
4. Open a Custodial Account
If trust formation is not possible, invest through a custodial account.
A custodian (you) will manage the funds until a set age.
The account will prevent any premature withdrawals.
5. Keep SIPs in Your Name and Transfer Later
If none of the above work, continue SIPs in your own name.
Once your niece reaches 21-25, gift her the amount in a structured way.
This ensures the corpus remains safe and she gets the funds when mature enough.
Additional Steps for Protection
Do not disclose the full financial plan to your BIL.
Educate your sister on financial discipline and risks of bad investments.
Keep SSA and gold as separate, untouchable assets.
Finally
You are making an admirable effort to secure your niece’s future.
The best option is either a trust, a custodial account, or a child plan.
If not possible, keep investments in your own name and transfer later.
The key is to keep control away from those who may misuse it.
Would you like more details on setting up a trust or other legal protection?

Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment
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  |8027 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Feb 06, 2025

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Is it wise to have SIP account opened in my childs name and payment is also made thru his own savings account, guardian is my wife. pls advice i have already taken few SIPs thru this route so that after both my child attain legal age they have sound financials, is this the right route to create long term wealth for my kids ?
Ans: You have taken a thoughtful step toward securing your children’s financial future. Investing in Systematic Investment Plans (SIPs) in their names can provide them with long-term wealth. However, there are important aspects to consider.

Ownership and Control of Investment
Since your child is a minor, the investment account is operated by the guardian.

Your wife, as the guardian, has control until the child turns 18.

After attaining majority, the child must update records for direct ownership.

SIPs continue but require KYC completion in the child’s name.

Taxation Impact of Investing in Child’s Name
Any income from these investments is clubbed with the parent’s income.

The income is taxed in the hands of the higher-earning parent.

Once the child turns 18, taxation applies individually in their name.

If SIPs are equity-based, long-term capital gains tax applies beyond Rs. 1 lakh.

For debt funds, capital gains tax is based on holding period and indexation.

Operational Challenges of SIPs in Child’s Name
Money deposited in a minor’s account must be legally justified as a gift.

Some banks restrict large SIP transactions from a minor’s account.

When the child turns 18, all investments need re-verification.

If KYC updates are not completed, redemptions and further investments may get blocked.

Alternative Approach for Child’s Future Wealth
Instead of opening SIPs in a child’s name, consider investing in your own name and earmarking funds for them.

You can maintain control without KYC changes later.

Taxation remains in your name until you transfer funds.

Flexibility to reallocate funds for child’s education, marriage, or other needs.

No requirement to re-submit documents when they turn 18.

Final Insights
You have chosen the right path by thinking about long-term wealth creation for your children. However, investing in your name with a clear allocation for their future can simplify taxation and operations. This also provides flexibility in managing funds as per future needs.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

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

..Read more

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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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