Can my brother living in Bangladesh gift me land inherited here?

— Identify 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 reward to Indian residents completely residing in India. 

Your brother can execute a present deed (as a right) in your favour since you might be an Indian citizen residing right here. Do notice that such a present deed must be duly stamped and registered; and relying on the situation the place the property is positioned, 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. Will we require a guardianship certificates for my daughter?

— Identify withheld on request

Now we have assumed that your husband was a Hindu and he died intestate i.e. with out forsaking 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.

Chances are you’ll take into account making use of for a grant of letters of administration from the courtroom. The identical will embrace the issuance of a discover to all authorized heirs. If no objections are acquired from the authorized heirs as regards your husband’s property and the mentioned proceedings, such grant could be issued by the courtroom. As no objection is envisaged from the info shared, the guardianship certificates to your daughter will not be obligatory for the aim.

Nevertheless, 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 any 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-about for the aim of appointing a guardian for her, after deliberations along with your lawyer. Nevertheless, that is prone to take time and price to finish.

Rishabh Shroff is associate, Cyril Amarchand Mangaldas.