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The following article was first published in the Mint newspaper on 8th November, 2022. The same was written by our Private Client team at Cyril Amarchand Mangaldas, who frequently publish their comments and opinions in the Mint. The online version of the article can be found here.

I had prepared a will in 2019 and got it registered. Now, I need to make some changes to it and include some additional items. Can I get the original will deed modified and get it registered again?

—Name withheld on request

In order to amend your registered will to include the new additions/changes to your estate, you can either execute a fresh will, which will override the earlier will of 2019; or alternatively, execute a codicil (i.e. an amendment) to your existing will of 2019 so that such will can be read together with the codicil. We would recommend a fresh updated will.

Furthermore, although there is no legal requirement to register a will or a codicil, for the sake of consistency in approach and to avoid any potential challenges, you may voluntarily register such new will or codicil, since you have already registered the earlier will.

I had recently agreed to buy a plot of land and had even paid an advance to its owner. Apparently, this plot is registered with a cooperative society. Later, I realized that the sale deed has a clause making it mandatory to obtain a no objection certificate from the cooperative society, which has now become defunct. Should I purchase the property?

—Alok Prakash

Your query infers that you are keen to purchase a plot of land and the sale deed i.e. the title document of the existing owner of the land contains a covenant running with the land which provides that the consent of the co-operative society is required to be obtained for any disposal/ sale of the land.

The rights of the co-operative society on the land in question are unclear. We recommend that you undertake title diligence of the land in question (including the issuance of a public notice, sub-registrar search, etc.) through your attorney to ascertain the nature of the rights of the co-operative society.

Title diligence is an activity to verify the ownership of title over the property, such that the risks associated with it comes down.

Once the rights of the co-operative society are ascertained, and the title clearance certificate is obtained, the requirement of the consent of such co-operative society and the next steps can be discussed with your lawyer.

WRITTEN BY

For further information, please contact:

Rishabh Shroff – Cyril Amarchand Mangaldas,
rishabh.shroff@cyrilshroff.com

Rishabh is Co-Head of the Private Client practice and Head of International Business Development at the Firm, specialising in family constitutions and settlements, trusts, wills and succession planning.

Rishabh Shroff is a Partner in Cyril Amarchand Mangaldas, and operates out of the Mumbai office. After completing his LL.B from the London School of Economics, London, he joined the Firm in September 2007. He was admitted as an advocate in the Bar Council of Maharashtra & Goa (India) in 2007. He is also a Solicitor, Supreme Court of England & Wales.

Private Client Experience

Rishabh is the Co-Head of the Private Client practice at the Firm, specialising in family constitutions and settlements, trusts, wills and succession planning. He provides succession, taxation, estate and wealth planning advice to wealthy individuals and their families, who are often promoters of large family businesses. He also provides related advice to trustees and other private client service providers, such as family offices and institutional / corporate trustees.

Rishabh advises on a number of issues, including the creation and management of domestic trusts, along with advising both trustees and beneficiaries in relation to their relative rights, responsibilities and obligations. He is experienced in the drafting and creation of inter-vivos trusts and their constitutional mechanisms, and has experience in dealing with complex issues such as settler reserved powers, protector powers and appointment mechanisms. He also frequently advises on complex issues arising under the Indian exchange control regime (including in respect of Non Resident Indians and foreign trusts and companies), SEBI Takeover Regulations and the SEBI Listing Agreement, etc.

Rishabh is involved in the setting up and administration of a number of bespoke private trust companies in India. He also advises on a number of charitable and philanthropic endeavours, including on India’s statutory Corporate Social Responsibility regime.

Rishabh was featured in detail in a landmark publication on family business and the next generation of corporate India, “The Inheritors: Stories of Entrepreneurship and Success” by Sonu Bhasin (Penguin Books, November 2017)2. The said book talks about his journey in his own business, and how those personal experiences have helped him better understand the dynamics between family & business.

Japan Desk & Corporate Experience

Rishabh is a Partner in the Firm’s Corporate team, specialising in foreign investments into India, private mergers & acquisitions and joint venture transactions. He had also worked in the Firm’s Projects & Projects Finance (infrastructure) team for two years (2007 – 2009).

Rishabh is the Co-Head of the Firm’s Japan Desk, and works with Japanese clients frequently. He has been a part of the Japan Desk for over 13+ years, and during this time has advised a number of leading Japanese and international companies on their investments into India. He is responsible for managing the Indo-Japanese transactions handled by the Firm, and for building and maintaining relationships with its clients in Japan. He regularly travels to Japan for speaking and participating in various India focused seminars.

Rishabh had worked for three months in Homburger AG (Zurich) in 2008 as part of a Secondment Program between the Firm and Homburger AG. He was also seconded to Withers LLP (London) in August 2013 for four months, and to Cravath, Swaine & Moore LLP (New York) in July 2007 for five months.

WWF India

Rishabh is the Philanthropy Ambassador for WWF India. As an active philanthropist and someone who is deeply concerned about the environment, Rishabh works closely with WWF India on various policies, initiatives and activities through the year, including on matters of environmental policies and changes.

Rishabh is a keen writer, and hopes to release a number of publications in the area of Private Client law in the near future. When he is not writing, Rishabh can be found reading, travelling extensively, playing the piano or playing badminton.

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