Trusts & Estates

Anuja Kedia

+91 22 42410110

anuja.kedia@parinamlaw.com

Mumbai, India

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Pooja U Tidke

+91 22 42410007

pooja.tidke@parinamlaw.com

Mumbai, India

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Subhash Jadhav

+91 22 42410008

subash.jadhav@parinamlaw.com

Mumbai, India

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Monisha Mane

+91 22 4241 0013

monisha.mane@parinamlaw.com

Mumbai, India

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Hitesh Jain

+91 22 4241 0005

hitesh.jain@parinamlaw.com

Mumbai, India

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Overview

The firm has a strong private client practice. We regularly advise and assist individuals, families and business owners transition wealth across generations smoothly, efficiently, and with minimal conflict or tax exposure while ensuring regulatory compliance along with providing legal services on the various aspects relating to private trusts as well as public charitable trusts. The firm also advises and represents clients in testamentary disputes through its team of specialised arbitration, litigation and mediation experts.

Indicative Experience

Public Charitable Trusts
  • Advising and representing a public charitable trust seeking to acquire further immovable assets. For this purpose, we have prepared the requisite documentation for the same, amended the scheme of the trust and caused the same to be submitted to the local courts and office of the charity commissioner.
  • Advising and issuing an opinion to a public charitable trust on aspects of directions for payment of donations received by the trust to a non-profit company (under Section 8 of the Companies Act 2013); entering into joint venture agreements for development of trust property; amending the name of the public charitable trust; procedure and steps to be taken for achieving the aforesaid vis-à-vis the scheme of the trust and office of the Charity Commissioner.
  • Advising a consortium of purchasers in their acquisition of land belonging to a public charitable trust; advising on aspects relating to permissions required from the office of the Charity Commissioner, reservations affecting the land, easementary rights as well as litigation aspects of the matter; preparing documentation for acquisition of rights from all parties holding / having interest / rights in the land.
  • Advising and representing a public charitable trust seeking to dispose of certain immovable assets; advising on the procedure and timelines for the same; preparing an application and other documents to be submitted to the office of the Charity Commissioner for this purpose; preparing transaction documents; advising on resubmission of the trust scheme to the local courts and charity.
  • Advising and representing three inter-related public charitable trusts desirous of amalgamation; preparing application and other documents to be submitted to the local court and the charity commissioner seeking consent for the same; giving effect to the revised scheme for a unified trust.
  • Advising and representing a public charitable trust involved in opening and operation of charitable hospitals and colleges on various aspects including operations of their hostels, issues pertaining to the land owned by the Trust to be used for hospital staff and nursing housing etc.
  • Advising a Mumbai – based business family on establishment of fourteen inter-related private family trusts holding the shareholding and controlling interest in various private limited companies and limited liability partnerships operated by the family; advising the client on establishment of trust with a view to reducing the cross-holding between individuals of the family, redefining the holdings and powers of the trustees as well as beneficiaries of each of the trusts; opining in the matter on the steps to be taken and documents to be executed for giving effect to the revised / proposed desire of the trusts.
  • Advising and representing the trustees of a private trust seeking to recover assets in the possession of other trustees; seeking and obtaining orders directing revesting of the trust property in the remaining trustees; carrying out of public tender process for intended sale of such assets; preparing documents for finally disposing of the trust property.
  • Advising and representing the trustees of a private trust seeking to recover assets in the possession of other trustees; seeking and obtaining orders directing revesting of the trust property in the remaining trustees; carrying out of public tender process for intended sale of such assets; preparing documents for finally disposing of the trust property.
  • Preparing wills for a family seeking to set up a private family trust by means of their wills for the benefit of the grandchildren of the family; advising on restructuring of assets and points in time for devolution of rights.
  • Advising and issuing opinion to a high net worth individual based out of the United States of America seeking to set up a private trust in India with assets, moveable and immoveable, in India as well as the USA; advising on aspects of applicable foreign exchange management regulations, RBI guidelines and holding of agricultural lands in India; opining on the rights at law of a private trust comprising of only non-resident Indians to hold, acquire and dispose of assets including residential, commercial and agricultural assets.
  • Advising and representing a Waqf in preparing a composite scheme for governing of the trust within the framework of the Waqf’s Act 1995.
  • Advising and representing a Waqf on the encroachments affecting its immovable assets; advising and preparing documents for eviction of the encroachers; representing the Waqf in the ultimate sale of the immovable assets to a third-party purchaser acquiring rights of the Waqf as well as releases from the encroachers.
  • We have facilitated and assisted various individuals as well as families in their settlement and division / distribution of family wealth. We have offered to our clients unique and tailor-made solutions depending upon their respective circumstances and needs, keeping in mind the sensitive nature of each matter. We have prepared wills, memoranda of understanding, family arrangements, as well as ancillary documentation.
  • Advising a high net-worth individual based out of Singapore on succession and estate planning of assets inherited by his family post death of his parents. We have facilitated the transfer of Indian immovable assets to his name keeping in mind taxation related issues that he was governed by and release of shares held by his other siblings. We have also assisted him in documentation pertaining to transmission and subsequent disposal of some of the movable assets inherited by him including but not limited to equity shares, pension funds and valuable silver items.
  • We have advised a well known developer family based out of Tamil Nadu on transmission of various assets amongst the larger joint family members post death of a senior family member. Our role involved assisting various individuals of the family in inter se division / distribution of family wealth keeping in mind the needs of the younger members of the family. We have successfully offered our clients unique and tailor-made solutions for achieving the desired division of assets amongst the larger family members by drawing up a combination of documents including family arrangements, settlement agreements, wills, deeds of partition and release deeds in this matter.
  • Advising an industrialist family based out of Mumbai on succession planning for three generations of family members staying together. Our role in this matter involved restructuring the existing asset holdings among family members to better align with the long-term needs of future generations. In order to achieve this, we have assisted the clients in setting up of testamentary trusts and private family trusts, preparing wills and codicils, memoranda of understanding, deeds of exchange as well as ancillary documentation.
  • Advising the members of a family on the detailed structure to be implemented in respect of the estate left behind by one of the family members. For this purpose, we have prepared a draft family arrangement setting out the rights and obligations of the parties thereto, in furtherance of which, we have also prepared, deeds of release for immovable properties as well as shares held in companies, deeds of reconstitution of partnerships and limited liability partnerships, deed of release of rights in a Hindu Undivided Family and requisite powers of attorney in relation thereto.
  • Advising and representing a well known family of Mumbai for obtaining grant of probates, letters of administration, succession certificates and heirship certificates for transfer of their ancestral lands through both testate and intestate succession. We have, on behalf of our clients, assisted with the completion of the entire process and procedure in relation to the aforesaid testamentary petitions / applications, including appearances before the Hon’ble High Court, wherever necessary.
  • Representing and advising an individual client in Letters of Administration proceedings to enable her appointment as co-administrator of the estate of the deceased for the distribution of assets among Class 2 heirs.
  • Represented and advised two individual female clients in staking a claim towards their share in the estate of their deceased father which was being controlled almost totally by the son. The mandate began with obtaining a legal heir certificate and continued into communicating and corresponding with the other legal heir and various stakeholders and co-owners of the estate; and representing them in mutliple legal proceedings involving challenges to title, heirship, etc.
  • Advised and represented the company of the deceased (HNI) owner of in probate proceedings before the Bombay High Court where the will was challenged by the deceased’s wife.

Work Highlights

Parinam advises the Waqf Board

Parinam advises public trust on operation of a charitable hospital, medical college and hostel

Parinam advises and facilitates acquisition of Trust Lands

Parinam advises public trust on setting up of educational facilities in multiple locations

Advisory for removal of Trustees of a Public Trust

Advisory on donations to a section 8 company
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Articles, Updates & Publications

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