I am an Indian, but my brother settled in Bangladesh 30 years ago and is now a citizen of that country. He wants to gift me the property he had inherited here after our father passed away. What is the process of this transaction?
– Name withheld on request
Your query shows that your brother is a non-resident in India for tax purposes. A non-resident in India is eligible to transfer property acquired by way of inheritance, sale or gift to Indian citizens permanently residing in India.
Your brother can execute a gift deed (without any consideration) in your favor as you are an Indian citizen residing here. Note that such gift deed will have to be duly stamped and registered; And depending on the place where the property is located, there will be nuances to keep in mind with respect to the transfer.
What steps need to be taken to divide the property of my late husband among three persons- my daughter, who is in a semi-coma state for the last 10 years, my stepson and me. Do we need a guardianship certificate for our daughter?
– Name withheld on request
We have assumed that your husband was a Hindu and he died intestate without any will. In your case, the property is transferred equally to all three of you as his Class I legal heirs. We assume that all the legal formalities regarding your stepson have been completed.
You might consider applying for a grant of a letter of administration from the court. This would include issuing notices to all legal heirs. If no objection is received from the legal heirs regarding the property of your husband and the said proceedings, such grant can be released by the Court. Since there is no objection to the facts shared, the guardianship certificate for your daughter is not required for this purpose.
However, if you wish to apply for official guardianship of your daughter who is in a coma, please note that at present there is no legal clarity regarding appointment of guardians for patients in coma or vegetative state. After consultation with your lawyer, a writ petition may be entertained before the concerned court for the purpose of appointing a guardian for him. However, this is likely to take time and cost to accomplish.
Rishabh Shroff is partner, Cyril Amarchand Mangaldas.