Joint Wills and Mutual Wills
Joint Wills & Mutual Wills — careful about your convenience. A joint will is one document signed by two people. Usually a couple. Legally valid in India. Probated (if you want to) separately on each death. Either person can revoke their part anytime - even after the first spouse dies. No issues so far. The problem starts when the will becomes "mutual." A mutual will is an agreement between two…
On Writing Down What the Family Already Knows...
A client asked “who needs governance in a family?” I said, apparently to their surprise, “all families need it. In fact, all families have it.” Knowingly or unknowingly. All families have unwritten rules, understandings and a (kind of) code of conduct. Husband and wife jointly decide on their household finances. Younger family members start getting ‘pocket money’ once they turn a particular age. I…
Musings on a buyback ruling
Thoughts (Not a summary of case law...) on Buybacks & Gift-tax in India [Sec. 56(2)(x) | Sec. 92(2)(m)] Hon'ble high court of Delhi, in a recent decision (Globe Capital Market Ltd [TS-529-HC-2026(DEL)]) - stated that a buyback if done at a value below its tax fair value (Rule 57 value), shall not be subject to gift tax in the hands of the company itself. In Indian corporate law, bought back shares…
Cross-border estate planning: Looking at a Cook Islands Trust
Mr. X settles assets in an offshore trust. His ex-wife (or creditor) claims the settlement was done to avoid liabilities. The local court agrees and orders against Mr. X... but how will the jurisdiction of the offshore trust react to this foreign court order? As I said in an earlier post, a good offshore trust jurisdictions offers some level of asset protection. Well... This one is about Cook…
Choosing an Offshore Trust Jurisdiction for your Global Assets
Most people default to Mauritius, Cayman Islands or Bahamas when thinking about offshore trusts. Familiar names. Trusted brands. But familiarity is not a framework. Especially when you look at it through an Indian wealth-owner's lens. The jurisdiction question is almost always framed as a tax question. It is much more than that. You don't have to move your analysis away from India to realize this…
Important to Know What Not to Write in a Will.
In drafting a Will, one's instinct to be thorough is natural. You want everything on record - how you acquired the property, from whom, and what the current status of documentation is. Transparency feels responsible and gives a sense of satisfaction/peace to the will-maker (testator) of creating some sort of a 'testamentary evidence'. But in a Will, an over-disclosure may work against you…
Gifts can be revocable?
Daljit Kaur, 88, gifted property to Varinder Kaur (her daughter-in-law) via a written gift deed (dated May, 2015). Daljit filed a suit against Varinder claiming that the gift deed be declared void because her daughter-in-law failed to (in fact refused to) take care of Daljit’s basic needs. Matter went right up to the High Court and the court ordered (dated Sep, 2025) in favour of Daljit thereby…
Anatomical Bequests & Posthumous Organ Donation
परोपकाराय फलन्ति वृक्षा: परोपकाराय वहन्ति नद्यः । परोपकाराय दुहन्ति गावः परोपकारार्थमिदं शरीरम् ॥ This is a well-known सुभाषित (subhāṣita) which translates to – “Trees bear fruits for the benefit of others. Rivers flow for the benefit of others. Cows give milk for the benefit of others. Likewise, this body exists for the purpose of helping others.” The idea of “paropkara” or “helping others” is…
Understanding the Hidden Risks of an HUF
“How do I get my property out of this thing?” said a worried Mr. Jeevanjyot Singh (64) when talking to his legal/financial advisor, Mr. Mehta. In 1987, Jeevan started his cycle manufacturing business - “Lifeline Cycles” from a shed in Ludhiana. When it was still sputtering along, a friend had casually advised Jeevan, “Invest through your HUF[^1]. Big tax savings.” Jeevan took to the idea and acted…