Mistakes You’ll Never Make Again

                “CONGRATULATIONS….   Riya” Riya was enjoying the attention and appreciation she was receiving. Her hard work bore fruits. She stood first in her annual exams for class 9.The urge to share this news with someone special engulfed her. Her enchanting green eyes were glued to the school main gate. Dehradun is famous for its scenic grandeur and its beautiful surroundings. The nature’s beauty around her did not fill the emptiness of missing that someone special. Riya stood there with her sullen face. She was in her school dress and her skirt was smeared with grease. Above her head a red board was hanging where it had been boldly written - Dehradun Convent School For Girls’. Riya’s family was her brother Chetan .He was not only a brother to her, he was Riya’s parent. Riya was parentless since her birth and all the responsibilities of Riya were performed by Chetan. Chetan took care of his responsibilities beautifully .

On his way to the school Chetan kept thinking of how his sister would look after 2 yrs. It was 2 yrs since he had seen her. He was curious about Riya’s result. Chetan could only imagine Riya for the similarity she had with their mother. What a relief it was to see the school gate. But, where is Riya?

Chetan searched frantically to find her in front of an ice cream parlor. Rapidly, Chetan was trying to cross the road to reach her. Riya’s face had the same fair complexion and pink glow on her face like their mother. Dimples made her face brighter as she smiled. By this time, Riya had already seen Chetan crossing the road. But with the bat of an eyelid, a bus hit Chetan, a heart wrenching sound broke off the silence and drew the attention of a huge crowd. Riya got perplexed, her entire body shivered and she could not move on anymore. The sound of that accident was echoing around her. She felt no strength in her body to walk to that spot.

She gathered strength and reached the spot to see her brother in a pool of blood.  She could not recall anything more thereafter. She had lost her consciousness after this…Though Chetan’s life was saved; one of his legs was permanently amputated.

 We haven’t thought yet what would be Riya’s future…if Chetan wouldn’t have survived? Chetan had made a will even at this early age. He even mentioned in the Will that all the interests from the fund specified in his Testament, will go to for the expenditure of Riya’s education. He appointed a guardian also for his minor sister. If he did not make a Will in favor of Riya, Riya would not be able to lead a good life as the said property would have to be distributed in accordance with law.

Chetan had seen the sufferings of his uncle’s family though his uncle had lot of properties and he took the decision that he will not continue the same mistake in his life. This thing can happen with any one of our society.. Chetan always believed on one proverb – “Man proposes and God disposes” and it is true that we can only make plans as we want but GOD determines how things will turn out.

No one knows their death date, it is a great personal practice to stay engaged in your priorities. I would like to suggest that waking up each morning and asking yourself that how I would show up today if this day was my last is not some cheesy motivational exercise. It’s a profound way to bring some urgency and commitment into your days. Most of us let life act on us – we are asleep at the wheel of our own lives. And the days slip into weeks, the weeks into months and the months into years. Before we know it, we are laying on our deathbeds wondering where all the time went. So make your Will without any hesitation.

To get help or to get hassle free services or to know more about WILL, please visit www.dilsewill.com

Thanking You.

Wishing you a long and healthy life.

We celebrate your success in life .

Let’s add the awesomeness in our lives.

Author: Shreya Nandi (Legal Executive Officer)

Hope for the best but prepare for the worst

                 

                       A flight of wooden stairs was decorated by red furry carpet at the outside of Morz-O-Rin. A decorated fascinating wooden door was like threshold of heaven. There was brown beautiful carving available on the black wooden door. A man in a well dressed uniform opened the heavy door and to help the old man to step into the restaurant. One hand of this old man remained tightly hold on by Mr. Apurba Kedia and other hand by the door keeper of Morz-O-Rin .The old man’s twinkle eyes were framed by thick white eyebrows, stubble chin was covered with white whiskers. Aging lines were prominent on his forehead. Due to age, baby like steps of that man was supported by the walking cane, firmly held by his gnarling hands.

Mr. Apurba, took that old & weak man in the dining table, while he was having food, dropped food particles on his entire dress. Mr. Apurba was calm but this scenario took the bloom off other diners who were observing them.

When he finished food, Mr. Apurba who was calmly and quietly like a parent took him to the wash room, wiped the food particles, removed stains, and combed his hairs. Mr. senior Kedia behaved like a child. They came out from the wash room when they realized that the entire restaurant was observing them without batting an eye… Mr. Apurba asked for the bill and paid the bill amount along with Rs. 50/- for tip and moved on…..

At that time, an old man amongst the diners excused & asked …..Mr. Apurba!!  “Don’t you think that you are leaving something behind?”.

Mr. Apurba said, “No sir……”.

Then the Mr. Senior Kedia replied to the dinner turned out and retorted with shaky lips, “Yes… You are! ….yes, he has left a good teaching/ lesson for all child and light at end of tunnel for old, deprived family members”. Father & son look into each other’s side filled with immense respect. Mr. Apurba really left a good lesson for the other oblivious diners.  

Here, Mr. Apurba, is not natural son of his old father. His adoptive father has three natural sons and a daughter and he doesn’t get enough care and attention from them. The old man wants to bequeath his 80% property to Mr. Apurba (an adopted son) and 20% property for the philanthropic work. A Will has already been made by Mr. Apurba’s Father but he wants to keep his Will safe from worst situation. Therefore Mr. Apurba’s father wants to get registered his Will.

Testator (Apurba’s father) has executed and registered his Will on 25^th September,2006, where he bequeaths his properties in favor of his adopted son Mr. Apurba (Respondent), and also he has given life interest to his wife and only daughter. No property has been bequeathed to three natural sons (Appellants) on the ground that they are staying apart and they show no interest on the family members. The Testator/ Mr. senior Kedia expires on 23^rd May, 2010. After death of the Testator, Mr. Apurba is in exclusive possession of the property. The Appellants have been filed a suit where they claim the Will dated 25-09-06 is not genuine and the same has been revoked by another Will dated on 25^th February,2010 and another Will dated 28^th March,2010 is executed and registered by the Testator/ Mr. senior Kedia. Appellants claim his right on the basis of Will dated on 25^th February,2010 .The stand of the respondents is that the Will dated  25^th February,2010 and 28^th March,2010 both are fabricated as at the relevant time the Testator was bed-ridden and did not have capacity to execute any wills and he died within few days and the date of his death was on 23^rd May,2010. The trial court dismissed the suit of the respondent upholding the contention of the appellant. However, the appellate court allowed the appeal and decreed the suit of the Respondent (Mr. Apurba) thereby holding that the existence of the Will dated on 25^th September,2006 has been admitted by both the parties ( by the Appellants & Respondent ) and the case of the Appellants are that the same has been revoked but the subsequent Will dated on 25^th February,2010 was an unregistered Will and both the subsequent Wills were not proved and are surrounded by suspicious circumstances. The H.C upheld the findings of the appellate court holding that the Wills dated on 25^th February, 2010 & 28^th March, 2010 have not been proved as per requirement of Sections 68 and 69 of Indian Evidence Act. Ultimately, the final judgment goes in favor of Mr. Apurba.

Attestors/ witnesses of the Wills dated on 25^th February, 2010 & 28^th March, 2010, were strangers to the family and these Wills surfaced only when the appellants (three natural sons) gave his written statement in the year of 2016 in the suit filed by the respondent (Mr. Apurba). The stand of the Respondent (Mr. Apurba) is that the testator (the old man) went to a temple to attend a function from where the appellants (three natural sons) had taken him to Cuddalore (name of a place) and as and when the Respondent (Mr. Apurba) came to know, he brought the testator back to his house at Vellupuram (name of a place) where the Testator (adaptive father of Mr. Apurba) was staying all these years and ultimately died. The S.C also affirmed the final judgment of the High Court which goes in favor of Mr. Apurba (Respondent). The witnesses of such suit also vouch for the honesty of Mr. Apurba.

Finally, Mr. Apurba got justice but does it happen with everyone?? Is it really so easy to prove? Our children can also do the same thing what the three sons of such Testator deed. What is the remedy then?.....

We all know maxim- “Falsus in uno falsus in omnibus” (false in one thing, false in everything) is not applicable in India.

Falsity of particular material witness/ material particular would not ruin it from the beginning to the end. It is the duty of the Court to separate the grain from the chaff and the witnesses cannot be branded as liars. The above mentioned maxim is merely a rule of caution. It is only when it is not feasible to separate truth from falsehood due to grain and chaff being inextricably mixed up and in the process of separation an absolutely new case has to be reconstructed by divorcing essential details presented by the prosecution, the only available cause is to discard the evidence in toto.

So, the question is that how can you give complete protection your Will? If the adaptive father of Mr. Apurba kept his original Will in a safe place, his sons won’t get any scope to fabricate the truth. They have played with the truth and want to get share from such property by depriving Mr. Apurba. What will happen then with the last wish of that old man (adaptive father of Mr. Apurba)!!!!.............

Please take all the proper information before making your Will…DiL SE WiLL is the pioneer in the field of Estate & Succession planning and it has buckled down seriously to give protection to your legacy. If you need to protect legacy, please make contact to us……

Thanking You.

DiL SE WiLL is wishing you a long and healthy life.

We celebrate your success in life.

Let’s add the awesomeness in our lives.

Author:  Shreya Nandi (Legal- executive officer of DiL SE WiLL)

Is nomination enough to transfer the ownership of any assets?

                    

           According to the encyclopedia the meaning of “Nomination” is the act of officially suggesting someone or something. The term “Nomination” has wide meaning. Nomination is the act or process  through which any person who owns assets (like Mutual Funds, Insurances Policies, other Securities/ Bonds/ Debentures, Shares, Bank Accounts, Societies, NSC, Post Office, PF, PPF & gratuity, Demat Accounts, Lockers), may appoint one or more nominees for such financial assets. Nominee is entitled to receive such financial assets after the death of actual owner. Through nomination one can authorize someone to receive assets on his/her behalf. Nomination comes into effect after the death of the actual Owner. The most important thing in nomination is that nominee can be changed at any time during the life span of the Owner of such financial assets.

Basically, nominee exclusively holds the right to receive and takes care of the asset of such Owner but not the ownership of the said asset/assets. In a renown judgment (Smt. Sarbati Devi V. Smt. Usha Devi AIR 1984 S.C. 346) of Supreme Court, it was decided in 1984, that nominee is a trustee of the property and is liable to hand over the same to the lineal descendants/ legal heirs. It had been decided by the Court nomination does not confer any beneficial interest in the nominee and other heirs can claim that amount in accordance with the law of succession governing them. Nomination does not create any title or interest in favor of the nominee. Therefore, nominee is mere trustee to whom assets has been transferred as prima facie after the demise of such owner of asset(s). All the legal heirs of the deceased owner have right to claim such asset as per succession laws and the nominee cannot exclude such other legal heirs. In other words, it can be easily said that a provision of succession law will not be affected by nomination. Technically, it can be said that nominee is just custodian or care taker.

Important Information related to Nomination:

•      Any person can be selected as nominee of one’s asset. Even a minor can also be selected as nominee. There is no prowess required to be nominee.

•          Nominee can be appointed by the Bank Account holders who have their bank account(s) either under their individual names or under the joint names.

•         Non-individuals including society, trust, body, corporate, partnership firm, Karta of Hindu Undivided Family(HUF), holder of Power of Attorney can neither nominate nor be a nominee. All the afore said non-individuals can nominate or be a nominee in their individual capacities.

•         Nomination cannot be made in case of representative capacity such as the holder of an office e.g. Secretary of an Association, Director of a Company, Karta of an HUF, Partner of a firm.

•          A sole proprietor can appoint a nominee for the sole proprietorship bank account.

•          There are some investments (e.g. Mutual Fund, other Insurance Policies) where investor/ owner of such investment can appoint more than one nominee.

•         A Non Resident Indian can also be appointed as nominee.

•          One can appoint nominee for his/her safe deposit locker(s).

•          A minor can also be nominated for bank account(s) or for other cases. Provided that the name, address and contact number of the guardian of the minor nominee(s) should be given in nomination form.

If there is no nominee against your assets, it might not be a hassle free work for the dependents/ legal heirs of the deceased to claim such asset and get share out of such asset.  Nomination is not mandatory rule. It is an optional rule by following which hassles can be avoided.

We all are oblivious about all the laws of nomination. Rules of Nomination against financial assets are here under-

•          The RBI guidelines clear specifies one thing that the money lying deposited in the account of the depositor should be distributed among the legal heirs/claimants as per the Succession laws or according to the instruction of the depositor’s Will or Testament but the nominee cannot claim any absolute right over it. 

•         In case of EPF (Employee’s Provident Fund) and mutual funds, insurance and for other financial assets, employee can select multiple nominees and the ratio of distribution of fund will be mentioned therein. There is an exclusive rule for EPF that family members can only be chosen as a nominee but employee who does not have any family, can choose any one as nominee. After having family, one should instantly change the nominee and has to keep any family member as nominee. In case of mutual funds or other assets, it is not mandatory rule to appoint family member as nominee.

•          In case of PPF (Public Provident Fund), the nominee has to show the proof of being successors/ legal heirs (Succession Certificate) before receiving any assets from the actual owner.

•          The funds of actual owner shall be passed on to the appointed nominee after the demise of the actual owner. After transferring the assets to the nominee, it ought to have been transferred to the legal heirs or other claimants of the deceased owner as per Succession Laws. The enigma in the rule of nomination is always persists in each case of nomination but it is oblivious to all most people.

Henceforth, we should make Will along with nomination. Mere nomination does not fulfill our desires and by making nomination, nominee’s right is not protected too. In spite of making nomination, nominee is not completely entitled to retain the assets of the deceased owner permanently.

 Both in regard to joint holding as well as nomination, it needs to be borne in mind that the joint holder enjoys the privilege of withdrawing the investment and the nominee is entitled to collect the proceeds of the investment. This essentially facilitates the smooth operation and passing over of investments. But the joint holder or the nominee do not automatically become the legal owner of the property of the deceased, until so specifically directed under his Will.

Nomination is not the substitute of Will. Even it will never be…… Now the question is “what if the legal heir is your nominee!!!”  I must say here clearly that still the right of your legal heir in the form of nominee is not secured until you are making Will by specifying his benefits. Now the question is “WHY??” Your nominee would be lucky enough if there is no claimant, in that case, nominee can enjoy 100% your asset alone by producing succession certificate/ showing other corroborative proof to be a legal heir. What if there is any other legal heir/ claimant!! Even you might not be well acquainted about the complication of classes of legal heirs. In this case the nominee in the form of legal heir is not secured. Here, nominee must distribute such asset/ assets amongst the legal heirs/ claimants as per succession laws and he might keep his share of such asset by giving proof to be legal heir. Estate planning is not a cakewalk thus it is suggested that please make yourself aware before making any estate planning. For making an immaculate Will to secure the rights of the legal heirs in the form of Will, please do contact us at www.dilsewill.com

Thanking You.

Wishing you a long & healthy life.

We celebrate your success in life.

Let’s add the awesomeness in our lives.

To know more, please visit www.dilsewill.com

Author: Shreya Nandi (Legal Executive Officer)

This blog is informative in nature. Please do not consider this blog as the legal advice. For any legal assistance, please do contact us at www.dilsewill.com or call us 033 4006 9589.

         

He who betrays you may be beside you (This blog has been derived from a true life story)

A dark room, which is obscure but lightly lightened with blue dimmed light. All the windows of the room are open and entire room is in a mess clearly indicating it’s un-kept and uncared fate.

A voice of deep pain and loneliness can be perceived from that room. A cool evening breeze is freezing her body but Mrs. Ushashi is unable to wrap her duvet due to her illness and weak body.

“Cring…..cring……..” her mobile is constantly ringing but Mrs. Ushashi is unable to lift her head even…. she is thinking “How shall I talk?? Oh!! God ….please….please give me some relief from this bitter pain….. I cannot bear this pain anymore” She is gradually becoming senseless after trying much to pick up the call. Rains of tears constant flowing from her closed eyes and the pillow cover of her pillow has been drenched by her tears. Her entire body color is turned into dark black and her body has been reduced to the size of a skeleton.     

Mrs. Ushashi wants to shut the windows of her room but suddenly she falls down from her bed and her body rolls on the floor…. Its heart wrenching .This results a cerebral stroke leading to instant death. Her body is surrounded by the pool of blood on the floor. Finally, she lives her last breath in the year of 2007.  

10 years before…    

               

Ujjal, is a caring brother of Mrs. Ushashi, who is trustworthy and responsible towards his duties well. She has only one relative in her life and that is her brother.

Mr. Ujjal is everything in Ushashi’s life as she was parentless from her childhood. Ushashi, being parentless always regarded Ujjal as her guardian. He always takes care of her like her parent. Ushashi never feels that she is a posthumous child but her destiny determines something else for her. Ushashi had a grand wedding, all arranged by Mr. Ujjal with lot of love and care. She was too exuberant when she went in her in law’s place with her heart full of dreams. She led a beautiful married life.

After 7 years……….,

Ushashi lost her husband in an accident. After losing her husband, Ushashi has been brought to Ujjal’s house with two small kids. Mr. Ujjal anyhow convinces her to stay with his family and not to stay alone. Ushashi’s husband bequeaths his entire property in Mrs. Ushashi’s name. There are no claimants on her property and this is well known to everyone.

One year after….

The fate badly beats her…… Suddenly Mrs. Ushashi comes to know from her biopsy test report that she is suffering from uterus carcinoma. She fights a lot and gradually loses all hope of surviving in her life. Ujjal also tries much for the treatment of Ushashi. Every day Mr. Ujjal runs from pillar to post for good treatment of his sister, Ushashi…. Two years have passed with a blink of an eye. Still there is no good sign and hope in Ushashi’s life. Now she is too weak to lift her body.     

Then where is her brother when she was on her deathbed? Her brother, Ujjal, never leaves her alone … What happens with her brother who was so protecting & caring!!

Last two years before her death…..    

Being sick, she has made a power of attorney in the name of her elder brother, Ujjal. He is her own brother and only person in her entire family. There are no more relatives in Ushashi’s life who can take care of her as well as two small children of her. She is a widow and owner of huge properties. Anyhow, Ushashi wants to live with both her children but things are not in favor.

After giving the authority of all her property to her brother, a request has verbally been made to her brother for taking care of all her property and her two small children. She is neither able to run from pillar to post for any dispute raised out of her property nor take care of the same. So, she has given all the authority to her brother to look after her property as a deemed owner and makes request to look after her children in her absence. Ujjal was requested to help her children to get the ownership of 90% of her property after they reach at age of 18 yrs. and she gifted 10% of her property to her brother Ujjal.

After death of Ushashi….                     

After the death of Ushashi, Ujjal takes the undue advantages and wrongful gains from his sister’s property. Within 3 yrs. (in the year of 2010), he becomes the absolute owner of all the property of Ushashi…. He ultimately kills all the wishes of his sister and deprives the children from their rights, though they haven’t reached  the age of 18 yrs. till then. He shows the lame excuse that he is facing questions and problems related to the property for not having the ownership.

Have you ever thought of this kind of situation in your life? I am sure that you must be thinking that why did Ushashi not make her Will??

This could have been prevented if -

●     She had not expressed her wishes verbally;

●     She had made a Will (through video film, online or by any other convenient ways);

●     She had appointed a guardian for her minor children;

●     She had appointed an executor to execute Will;

●     She had attached any corroborative evidence in respect of her ownership of the property;

●     She had attached the signatures of two witnesses.

She was just 34 years when she had to leave this beautiful world. If she had made her Will at the age of 28 then her children would have had a better future. She portrayed a lot of faith on her elder brother who is the main culprit of everything…

Are you blindly believing on your nearest & dearest ones??  

What happened finally?....

Ujjal’s 20 years old son, Upal, is now the absolute owner of the entire property which was originally for Ushashi’s minor children.

Faith is good but blind faith is not good. When it comes to the future of our near and dear ones, no stone should be left unturned. This real story leaves a lesson for all of us.

“Make a Will. Protect your legacy.”

Thanking You.

DiL SE WiLL is wishing you a long and healthy life.

We celebrate your success in life.

Let’s add the awesomeness in our lives.

Author:  Shreya Nandi (Legal- executive officer)