Can my brother dwelling in Bangladesh present me land inherited right here?

I’m an Indian, however my brother settled down in Bangladesh 30 years in the past and is now a citizen there. He needs to present me the property that he inherited right here after the demise of our father. What is the method for this transaction?

— Name withheld on request

Your question infers that your brother is non-resident in India for tax functions. A non-resident in India is eligible to switch property acquired by the use of inheritance, by the use of sale or present to Indian residents completely residing in India. 

Your brother can execute a present deed (as a right) in your favour since you’re an Indian citizen residing right here. Do notice that such a present deed should be duly stamped and registered; and relying on the situation the place the property is situated, there can be nuances to bear in mind concerning the switch.

What steps are wanted to divide the  property of my late husband  amongst three folks—my daughter, who’s in a semi-coma stage for the previous 10 years, my stepson and me. Do we require a guardianship certificates for my daughter?

— Name withheld on request

We have assumed that your husband was a Hindu and he died intestate i.e. with out abandoning a will. In your case, the property devolves upon all three of you equally as his class I authorized heirs . We assume that each one authorized formalities concerning your stepson have been accomplished.

You might contemplate making use of for a grant of letters of administration from the courtroom. The similar will embrace the issuance of a discover to all authorized heirs. If no objections are obtained from the authorized heirs as regards your husband’s property and the stated proceedings, such grant might be issued by the courtroom. As no objection is envisaged from the information shared, the guardianship certificates in your daughter will not be obligatory for the aim.

However, in case you want to apply for the official guardianship of your daughter who’s in a coma, please notice that at current there isn’t a authorized readability regarding the appointment of guardians to sufferers mendacity in a comatose or vegetative state. A writ petition earlier than the related  courtroom could also be thought of for the aim of appointing a guardian for her, after deliberations together with your lawyer. However, that is more likely to take time and price to finish.

Rishabh Shroff is associate, Cyril Amarchand Mangaldas.

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