Moneylife Events
Will, probate and use of trust for specific beneficiaries
Speaking at a Moneylife Foundation interactive seminar, Advocate Sachin Gupta, explained the importance of a Will, what is a probate and what is the role played by Trusts for specific beneficiaries

A Will is a legally valid document that allows you to choose who gets your self-earned assets after your death. Any person who is not a minor and is of sound mind can make a Will and a person who dies without making a Will is considered Intestate. What is important while making a “good” Will is the content of the Will. After organising several sessions on Wills, Moneylife conducted another seminar on “The Essentials of a Good Will”. 
Sachin Gupta, an advocate and partner at Negandhi Shah and Himayutullah, Advocates and Solicitors, who has wide ranging experience in matters of litigation, was the speaker of the event. He covered the topics related to intestate Succession, legal terms used while making a Will, types of Wills, including Conditional Wills, Joint Wills and Mutual Wills. He also discussed why it is important to make a Will, what probate is, and what the role of Trusts is. 
While talking about the laws governing Intestate Succession, he pointed out Acts which are followed in different religions. The Hindu Succession Act, 1956 applies to Hindus, Buddhists, Jains and Sikhs. The Indian Succession Act, 1925 applies to Christians. Parsis have their own Succession Laws. Muslim succession laws are not codified but are based on their religious texts. Shias and Sunnis have different inheritance laws. Muslims can make an oral Will and it does not need attestation. Armed forces engaged in war, or an expedition and Seafarers are permitted to make an oral Will or Privileged Will. 
Explaining the simple reason of creating a Will, Mr. Gupta pointed out that a Will ensures proper distribution of assets as per your wishes and appoints executors or creating trusts for specific beneficiaries. Further, talking about the Trusts, he mentioned Trust can be registered under the Indian Trusts Act. Testator, who is making the Will, can transfer funds and property to the Trust which becomes the holding vehicle. Trustee manages the trust as per the trust deed. Further, testator can access and control assets while alive and decide on distribution too.  A Trust is especially useful when you have to provide for a special child or have multiple families due to divorce/ re-marriage. It remains out of creditors’ clutches; confidentiality is maintained since beneficiaries are not disclosed. Trust carries highest taxes in India, plus administrative expenses. A trust protects assets from probate. 


Surprise deterioration in India's March trade deficit

March is seasonally a positive month for the trade balance and hence, the latest data show a significant deterioration in India’s trade deficit

India’s trade deficit widened to a larger-than-expected $10.5 billion in March from $8.1 billion in February, on weak exports and a sharp rebound bunched-up payments in oil and gold imports due to easing of restrictions. Imports, excluding oil and gold, remained weak, indicating sluggish domestic demand.
March is seasonally a positive month for the trade balance and hence, the latest data show a significant deterioration, said Nomura in a research note.

It said, "The first quarter of 2014 current account is tracking -0.5% of GDP versus a mild surplus last month, but better than -0.8% in Q4 2013. We expect the current account deficit to widen to 2.3% of GDP in FY15 versus 1.8% in FY14 as a result of the easing of gold import restrictions and better domestic demand. That said, we expect net capital inflows to easily finance this deficit".

During March, India’s export growth continued to contract at -3.2% from 3.7% in February, while import growth rebounded sharply to -2.1% from 7.1%.

A sharper-than-expected jump in imports, mainly of oil and gold, was the main reason. Oil imports rose 17.7% from -3.1%, perhaps due to bunched up payments because of recent Indian rupee-US dollar appreciation. Gold imports rose to around $2.8billion from $1.4 billion in February, likely due to easing of some restrictions on gold imports. Excluding oil and gold, imports contracted by 11.0% following a 10.5% drop in January, suggesting that domestic demand remains very weak, Nomura said.

"As gold restrictions are relaxed further and growth starts to rise during the latter half of FY15 (year ending March 2015)," Nomura said, "we expect the current account deficit to widen to around 2.3% of GDP in FY15, larger than in FY14, but still within the sustainable range. With growth bottoming out and our expectations of a gradual improvement in the macro-economic environment after the elections, we expect net capital inflows to be more than sufficient to finance the current account deficit."

"We expect the Reserve Bank of India (RBI) to continue to proactively build its defence against any external shocks by accumulating FX reserves and discouraging short-term debt flows. In line with this view, our Asia FX strategists see scope for strong Indian rupee performance over the medium term, and forecast US dollar/Indian rupee at 59.5 by end-2014 and 57.5 by end-2015," the note added.


Yash Birla Group promises refund of FD money without interest

Birla Power Solutions has submitted a proposal to Bombay High Court offering to repay money to its creditors of past eight years. However the Yash Birla group company will not pay interest to its fixed deposit holders

The debt-ridden Yash Birla Group unit Birla Power Solutions Ltd (BPSL) has proposed to refund money it collected over eight years ago from investors for its corporate fixed deposit (FD) scheme. However according to the proposal submitted before the Bombay High Court, the company would pay only the principal amount over next three years without any interest.

According to a report in Mumbai Mirror, promoters of BPSL intend to raise funds through family and friends and also through internal accruals by reviving the company and launching some cutting edge products in the portable genset sector. BPSL promised to clear all dues within a span of eight years as per its proposal submitted to HC.

Quoting advocate Niteen Pradhan, the counsel for BPSL, the report says, “We have also presented a payment proposal to the court. We intend to revive the company while making payments over a period of time”.

Earlier in February, Yash Birla’s wife Avantika and her maternal uncle Narayan Baheti met officials form the Economic Offence Wing (EOW) and assured them that, the Group would arrange money to repay its depositors.

According to reports from, Yash Birla Group had sold its old South Mumbai property to Nahar Group for around Rs250 crore recently.

As per the Mumbai Mirror report, BPSL has also hired the services of an independent financial consultant, Devendra Jain, who deals in revival of stressed companies.

BPCL owes Rs329 crore to its unsecured creditors and lenders, and wants them to sacrifice 40% of their principal amount as it assures repayment over next three years. The company offered to convert 40% of Rs58 crore into equity to banks and financial institutions, who are on a verge to declaring BPSL debt as a non-performing asset (NPA). The company told the newspaper that dues owed to the income tax and other government departments will be paid over two years and dues to employees would be cleared in 12 months.

BPSL is being probed by EOW of Mumbai Police for defaulting in repaying its deposit holders. A criminal case has been registered under the Maharashtra Protection of Interests of Depositors' (MPID) Act. Its former managing director, PVR Murthy has been arrested. While the EOW is proceeding with freezing BPSL's assets, the company has moved Bombay High Court challenging the case and gave the proposal to repay its all creditors in eight years.

Moneylife earlier wrote about, Company Law Board asks Zenith Birla to pay dues of FD holders by 21st April. The Company Law Board (CLB) passed orders against Yash Birla Group’s other companies Zenith Birla India, Birla Power Solution, Birla Shloka Edutech, Birla Cotsyn directing it to pay its depositors under section 58A (9) of the Companies Act, 1956. Even after passing orders by CLB, several investors still have not received their money back from Yash Birla Group of companies. While several depositors who got their principle amount from the corporate FD, they did not get interest amount yet.

In February, income tax (I-T) officials questioned Yash Birla as part of the investigation into alleged tax evasion involving his companies, says a report from the Times of India. In January, the I-T department raided premises belonging to Birla and found several undeclared foreign accounts with a balance of crores of rupees, the report added.

Yash Birla is known for its lavish lifestyle and Page3 parties instead of his business moves, which shows the careless attitude of the Group. People had invested in his companies on goodwill of ‘Birla Family’.

Moneylife earlier reported, “Yash Birla Group companies in deep trouble?”  We found that, Yash Birla Group companies have been struggling with many issues like liquidity crunch, non-payment of loans, negative cash flows etc.  Its most of the companies are giving negative returns to the investors and its share prices are not even in double digits. The promoter’s stake in Birla Power Solutions is only 1.08% and in Zenith Birla India its 7.34%. It shows that the promoter himself lost faith in his company.

You may also want to read…

Yash Birla Group companies in deep trouble?

Company Law Board asks Zenith Birla to pay dues of FD holders by 21st April.

Yash Birla mourning over a property, investors over their FDs in his companies

How to get your money back from Yash Birla Group companies



Raj K Swamy

4 months ago

I just recd an offer from Birla power ( 31-01-17) saying that they can give 50% of the FD principal and I have to give an undertaking giving up my claim to the interest due as well as the balance 50% of the principal. Has any other unpaid FD holder received such an offer? Can moneylife experts advise on what should a depositor do considering that the Company is under liquidation.? Thanks in advance.

Suman Uppal

3 years ago

I have been searching for any news on PAILAN PARK DEVELOPMENT AUTHORITY LMT - KOLKATA......BUT surprisingly couldent find any news of the company has closed all its offices in kolkatta after collecting a whooping 900 crores as debenture investments.....

can anyone pls tell me where should i approach for my money...
CLB kolkatta says as it is debentures it does not come under its jurisdiction(funny) and when we file a complain in MCA the server time is always out i have tried end number of times ...
WHY ARE ...all news Chanel and web site silent about the case
pls..... need some news on the company ....

Tanjai Kapoor

3 years ago

EOW should also catch other Birla top people like GL Lath (finance head), Manish Malani (who managed Birla TransAsia carpets but also Birla wellness and did not pay salaries of so many employees) at Industry House Churchgate.

Adheer Pai

3 years ago

The Honorable Bombay High Court should consider placing Yash Birla under custody till all monies are returned to investor - similar to the Sahara / Subroto Roy case.



In Reply to Adheer Pai 3 years ago

It should not be custody. he should be put in prison so he can realise what life is for people who have been cheated by him and his Management team. Sahara chief is in jail and cannot come out till he pays the money demanded by the court. Birla is offering sops to the court that he will pay all the money. When ? after the investor dies. He has enoiugh money to pay. and till he pays the court should order him arrested and in jail.

he has been a bad busienss man and just because he is Birla does not mean he should be shown lienency. People like him without any busienss accumen and just becasue they are born with the golden spoon, they can get away .

Arrest him, let him be in jail along with his other senior colleague officer. the staff have not been paid for more than 2 years and can u imagine the plight of the families who worked to bring his company when he and his team have swindled all the money into their pockets.

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