Question 1
A "Probate" is:
Probate is the official proof of the validity of the Will and the executor's authority to administer the estate. It is mandatory for Wills executed in certain presidential towns involving immovable property.
Question 2
A "Durable Power of Attorney" differs from a general POA because:
A standard POA ceases if the principal loses mental capacity. A Durable POA contains a specific clause allowing it to continue, which is crucial for managing the affairs of elderly clients.
Question 3
In a "Private Trust", the person who creates the trust and transfers assets into it is called the:
The Settlor (or Author/Grantor) creates the trust. The Trustee manages it. The Beneficiary receives the benefits. This structure helps in protecting assets and managing succession.
Question 4
If a Hindu male dies "Intestate" (without a Will), his property is distributed according to:
In case of Intestacy, the law determines the heirs. For Hindus, Class I heirs (Mother, Widow, Children) have the first right to the property.
Question 5
In a Hindu Undivided Family (HUF), who has the right to demand a "Partition"?
Any coparcener can demand partition of the HUF property. After the 2005 Amendment, daughters are coparceners and have the same rights as sons.
Question 6
The person appointed by a testator in their Will to administer their estate and carry out their wishes is called the:
An Executor is named in the Will. If no executor is named, the court appoints an "Administrator". The Executor derives authority from the Will itself.
Question 7
Can a Hindu Undivided Family (HUF) make a Will?
A Will is a testamentary document of an individual. An HUF continues to exist even after the death of the Karta. Individual coparceners can bequeath their *share* in the HUF, but the HUF itself cannot make a Will.
Question 8
Does a Power of Attorney (POA) remain valid after the death of the Principal?
A POA is an agency relationship. The authority of the Agent dies with the Principal. The legal heirs must take over.
Question 9
A "Succession Certificate" is required to claim:
Succession Certificate validates the heirs' right to collect debts/securities due to the deceased. For Immovable property, a "Letter of Administration" or Probate is usually needed, or simple mutation based on legal heirship.
Question 10
If there is a conflict between a "Nominee" in a bank account and a "Legal Heir" mentioned in a Will, who has the final beneficial ownership of the money?
A Nominee is merely a trustee/custodian who receives the money from the bank to discharge the bank. The ultimate owner is the Legal Heir as per the Will or Succession Law.
Question 11
Since the 2005 Amendment to the Hindu Succession Act, a daughter:
This amendment was a landmark step for gender equality, granting daughters equal coparcenary rights in HUF property.
Question 12
A Trustee has a "Fiduciary Duty" towards the beneficiaries. This means the trustee must:
A fiduciary relationship implies the highest standard of care and loyalty. The trustee must manage the trust property solely for the benefit of the beneficiaries, not for personal gain.
Question 13
A "Living Will" (Advance Medical Directive) allows a person to:
Unlike a normal Will (for property), a Living Will deals with health decisions (Right to die with dignity/Passive Euthanasia), recognized by the Supreme Court of India.
Question 14
Can a minor be a beneficiary in a Trust?
A beneficiary is the person for whose benefit the trust is created. A minor, being incompetent to contract, cannot be a trustee but can certainly be a beneficiary.
Question 15
The primary duty of an "Executor" of a Will is to:
The executor acts as a fiduciary to carry out the testator's instructions, settle liabilities, and ensure beneficiaries receive their share.
Question 16
Upon the death of a Karta of an HUF, the HUF:
HUF has perpetual succession. It is not affected by the death of the Karta. Management passes to the next senior member.
Question 17
In a "Revocable Trust", the Settlor (Creator) retains the right to:
In a revocable trust, the transfer is not permanent. The Settlor can take back control. Consequently, income from such a trust is usually taxable in the hands of the Settlor (Clubbing provisions).
Question 18
A Power of Attorney creating a right over immovable property worth ?100 or more must be:
Under the Registration Act, any document (including POA) conferring authority to sell or create rights in immovable property requires mandatory registration.
Question 19
Does India currently levy "Estate Duty" (Inheritance Tax) on the transfer of property upon death?
Currently, there is no inheritance tax in India. Assets received under a Will or inheritance are also exempt from Income Tax under Section 56(2).
Question 20
Who holds the "Legal Title" to the trust property?
In a Trust, the Legal Title (ownership on paper) lies with the Trustee, while the Beneficial Title (right to enjoyment) lies with the Beneficiary.
Question 21
For a Will to be valid in India, it must be attested by at least:
Under the Indian Succession Act, a Will must be signed by the testator in the presence of at least two witnesses, who must also sign the Will.