For many Indians, pets are cherished family members. This deep emotional bond raises a crucial question for responsible pet owners: what happens to my beloved companion after I'm gone? Similarly, for individuals with assets like property, ensuring a smooth transfer to heirs, including those living abroad, is paramount. Recent legal developments have made understanding these aspects of estate planning more important than ever.
Securing Your Pet's Future Through Your Will
Estate planning is no longer just about human beneficiaries. With pets being regarded as integral family members, structured planning for their long-term care is an essential consideration. The first step is to clearly identify your pet in your will with specific details like its name and breed.
Your will should appoint a primary caretaker who is willing and responsible for the pet's food, grooming, medical treatment, and overall welfare. It is critical to obtain this person's prior consent and record it formally. Clear care instructions outlining your pet's routine, dietary needs, and veterinary preferences should be documented. As a prudent safeguard, naming a secondary or backup caretaker is highly recommended.
Financial Provisions and Legal Structures
The will must also earmark a specific portion of your estate dedicated to the pet's upkeep. An appointed executor should be made responsible for supervising the proper application of these funds to ensure they are used solely for the pet's benefit. Alternatively, you can make provisions for your pet's care at a reputable animal care facility, with the allocated funds covering the associated costs.
It is equally important to specify what happens to any surplus funds from the earmarked portion after the pet passes away. For enhanced certainty and enforceability, these arrangements can be structured through a carefully drafted private trust, which offers a robust legal framework for your pet's care.
Property Bequest to NRI Daughter: Mumbai Probate Rules Simplified
A common concern involves bequeathing property to non-resident Indian (NRI) children. Probate is a judicial certification that confirms a will's authenticity, formally appoints the executor, and authorizes the lawful distribution of assets.
Historically, probate was mandatory for wills executed in, or relating to immovable property situated within, the erstwhile presidency towns of Calcutta, Madras, and Bombay (Mumbai). Following the enactment of the Repealing and Amending Bill, 2025, probate is no longer a statutory prerequisite for establishing rights under wills executed by Sikhs in these jurisdictions, including Mumbai. This bill is currently awaiting formal notification.
The Strategic Value of Voluntary Probate
While this removal of the mandatory requirement may streamline procedures and reduce time and cost, it does not eliminate the risk of future legal challenges to the will's validity. In practice, obtaining probate on a voluntary basis continues to hold significant strategic value. It provides a judicial affirmation of the will's legitimacy and materially reduces the scope for potential disputes among heirs or other claimants.
From an exchange-control perspective, the rules are clear: a non-resident Indian is fully permitted to inherit and own immovable property in India from a resident individual. There are no legal barriers preventing an NRI daughter from receiving such a bequest.
Expert advice from legal professionals like Rohit Jain, Managing Partner, and Keshav Singhania, Head of Private Client Practice at Singhania & Co., underscores the importance of tailored estate planning. Whether providing for a furry family member or ensuring property seamlessly passes to an NRI heir, careful, documented planning is the key to peace of mind.
