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THE TRUE TRAGIC STORY

                        Bhawal Case is a renowned case in Indian History. It is an extraordinary true tragic story. I want to draw your attention by introducing Ramendra Narayan Roy, popularly known as Bhawal Sannyasi in India.

Ramendra Narayan Roy was the second prince of Bhawal Estate, a large zaminder in Bengal, in modern-day Bangladesh. He was one of the brothers who had inherited part of the huge estate from their father.
This, second Kumar of Bhawal, had passion to spend most of his time in hunting. He also liked spending time with women. At this point of time, he was married to younger and beautiful Bibhabati Devi.

In the year of 1905, he had contracted syphilis. In 1909 he went to Darjeeling , accompanied by his wife Bhibhabati Devi and her brother Satyendranath Banerjee to seek treatment but was reported to dead on 7^th May at the age of 25.
The reported cause of death was biliary colic (stones in gall bladder). His body was supposedly cremated/ burned in Darjeeling the next day and customary funerary rites were performed on the same day.
His young wife Bibhabati Debi moved on to Dhaka to live with her brother Satyen Banerjee. Over the next ten years the other Bhawal Estate Kumars also died and the colonial British court of wards took control of the estate on behalf of their widows. 

After 11 years…..
A sannyasi appeared in Buckland Bund in Dhaka covered in ashes.
He sat on the street for four months and attracted attention because he was of unusually similarity with second kumar. A rumor had been spread that the 2^nd Kumar had returned though he said he had renounced his family.
The Sannyasi under public pressure, finally disclosed openly that he was Ramendranarayan Roy, the Kumar of Bhawal. The Sannyasi claimed that while in Darjeeling he was poisoned and a cremation was attempted. But the people hired to cremate the body of Kumar, left him un-cremated because a strong hailstorm had started raging at that time.
A group of naga Sannyasi found him lying unconscious and they took him to their den. At that time he was being taken care by them. Gradually they realized that he had lost his memory. He wandered in undivided India for the next 10 years. While returning from the place from Chittagong to Dhaka, he recovered his memory and was instructed by his Mentor (guru) to return home.

 The Sannyasi was recognized by the people of his locality and by his own sister. His wife Bibhabati Debi declined to recognize him and announced him as an imposter. Bibhabati Debi thus filed a petition against him.
The first trial, Srimati Bibhabati Devi V. Kumar Ramendra Narayan Roy and others AIR 1942 Cal 498, was supported by the sister & elder sister-in-law of the said Kumar. It was a declaratory suit in Dhaka claiming the name and property of Ramendra Narayan Ray against Bibhabati Debi and other landholders who were represented by the Court of wards.
In court the Sannaysi declared that he fell victim to a conspiracy hatched by his brother-in-law Satyendranath Banerjee, an unemployed graduate, who wanted to control his share of the estate through his childless sister. He further claimed that Satyendranath had bribed the family physician Ashutosh Dasgupta to admit that the Kumar was suffering from syphilis, and was persuaded by the conspirators to go for treatment to Darjeeling, here they all lodged at a house called "Step Aside," close to the funeral ground.

Eventually, Bibhabati tried to manipulate a lot of witnesses by giving them bribe, but she was failure to control the trial.
Calcutta High Court gave its final judgment in favor of the Kumar/ Sannyasi.
Thereafter, the claimant (the Sannyasi) moved to the estate but the Board of Revenue did not release any funds to him. The government filed an appeal against the judgment of the Calcutta High Court, again in the name of the Court of Wards.

Ultimately, judgment of first trial was supported in this trial and appeal was dismissed. The claimant was allowed to withdraw money from his share of the estate. He still left this share in the care of the Court of Wards until further developments. Bibhabati Debi was not ready to give up this matter. Developments of the war delayed further appeals, when lawyers for Bibhabati Debi filed appeal for a leave against the judgment of the High Court of Privy Council in London.  Here also judgment was in favor of claimant and appeal was dismissed.

It is a tragic story that Ramendra Narayan Roy’s wife was tried for attempt to murder of her husband. His wife’s brother planned out a conspiracy to take over all the estate through her childless sister and enjoy the same. Here Mrs. Bibhabati Debi was used by his brother as a puppet.
From the above we would like to point out few things….
For people who estate, money may become a threat to life. To avoid conspiracies, make your Will now.


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.

An Important Checklist

Have you documented all your important information which leads to your financial details?

This documentation will definitely help you in arranging things for yourself. But, DiL SE WiLL has raised this question for your loved ones…..after you.

Please go through the blog carefully.

It is an ardent request to all those reading the blog to follow the checklist and encourage all other dear and near ones to do the same.

The checklist is as follows-

1.       Check all your Nomination-

It is a general protocol to put a name of family member as nominee and we abruptly forget about it. The most surprising thing is that we don’t update the changes even after any important changes in our lives. Here the most important changes mean the changes like death of any person whose name has already been enlisted as nominee. Even your salary account usually has no nomination…. kindly check all your nominations especially in the following places-

·         Bank accounts

·         Fixed deposits, NSC

·         Bank lockers

·         Demat accounts

·         Insurance (all kinds)

·         Investments

·         PF pension Forms

·         Salary Account

               And all other places where there is an option of giving nominee.

Ø  SOLUTION-

·         Keep a soft copy/ hard copy of all the details to record all the above.

·         Make separate column for the name of the nominee.

2.       Passwords-

We use passwords everywhere. May it be on our Laptop, mobile and other such gadgets. All online account like Facebook, online shopping account, online banking transaction account are password enabled.

Passwords also include our ATM, Credit Card & debit card Pins.

In urgent situations, our family members should be in position to access such utilities.

Ø  SOLUTION-

·         There should be a separate email account for this purpose. This email account should not be used for communicating with anyone else. All the passwords should be mailed to this email account.

·         Password of this email account should be shared with your spouse/ any other family members whom you find suitable.

·         All the information uploaded in this email Id should be periodically checked and revised.

3.       Investment- 

We make investments for the future of our loved ones. Usually they are not even aware about our investments. Documentation of all investments whether in physical form/ in electronic forms should be kept.

Ø  SOLUTION-

·         The e-mail Id mentioned above can be used for this purpose also.

·         Such details can also be kept in a PC, Laptop, Hard disk, Pen drive according to the suitability of the owner.

4.       Insurance Policies-

Insurance Policies are usually for the use and benefits of our dear and near ones. Our purpose of making such policies will be defeated if such information is not passed on after demise.

Details of Insurance Policy should be maintained in the same way as investments. 

5.       Will-

A will is a legal document declaring what should happen to the estate (includes money, possessions and property) of the testator (person making the will) after he/she dies. In absence of a will, the law decides how the estate should be devolved/passed on –and this might not be in line with the wishes of the testator.

Ø  SOLUTION-

·         Make your Will now. Even if you are young, it is wise to make a Will and revise it from time to time.

·         Will can be made online/ offline.

·         It should be kept in the safe custody of a reliable person.

·         The name of such person and executor should be known to the person who has the access of the email-Id.

·         Will should also be reviewed from time to time.

6.       List for Legal Documents-

Legal Documents play a vital role in transfer of property and investments after one’s demise. It is advisable that we should keep our Legal Documents (Deed, Agreement etc) in a systematic manner.

Ø  SOLUTION-

·         It is similar to that of investments. We need to add another column where the Legal Documents is mentioned in the asset.

·         This data should be periodically checked & revised.

7.       Liabilities-

Sometimes we have Liabilities like house loan, car loan, personal loan etc. A suggestion that now the liabilities are to be made should also be mentioned.

Ø  SOLUTION-

·         Keep a relevant soft copy regarding all kind of liabilities you have.

·         Details of Liabilities should be maintained in the same way as investments. 

·         Make different column for interest, dates (it includes date of taking loan and date within which loan will be repaid) and Name of the assets (assets against which loan had been taken).

·         There will be also a different column for details of Insurance if any for any loan/ liability.

·         All the information should be mailed in that particular e-mail Id mentioned above and it should be periodically checked and revised.

8.       Debts-

Our family members/ spouse may be unaware about the details of our debts. For this reason, we need to keep the record of the same.

Ø  SOLUTION-

·         Details of debts should be maintained in the same way as liabilities. 

·         It should be revised from time to time.

·         Documents of any of the debts should be mentioned clearly.

·         This should also be mailed in the particular e-mail id mentioned above.

Do it Now…..

Because “The greatest certainty in life is Death….

                   The greatest uncertainty is time”

-Carl Sandburg.

Thanking You.

Author: Team DiL SE WiLL

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.

GIFT OR WILL – decide prudently.

        

                 People who follow my blog regularly know that I often write about making a Will. Today, I will attract your attention to a situation which may arise even in our lives. Before getting to the subject, we will need to know few things. 

A Will is a Legal declaration of the intention of the Testator (maker of the Will) which he desires to be carried into effect after his death. Thus, the ownership (title), rights & interest over the property lies with the Testator during his life span. “Will” shall come into effect after the death of Testator.

On the Contrary, a Gift wherein the Ownership along with rights & interest are transferred instantly to the Donee (person to whom property has been transferred). After such transfer Donor (the person gifting his property) does not have any Rights, Title (ownership) & interest over his gifted property in his life span. Gift takes into effect instantly after the acceptance of the gift by Donee.

Family disputes are peculiar. They are bitter, and, almost always, messy.

Mr. Agarwal is a renowned person,an Industrialist with wealth running in thousands of crores . Under his Leadership, his group of industries saw the zenith of its success. Though this Family was always engulfed in family disputes, this didn’t hamper the growth of their business empire.

In his old age, Mr. Agarwal took a bold decision to relinquish the entire 40% of his share in his group of companies in favor of his son Mr. Akash Agarwal.

This was a turning point in Mr. Agarwal’s life. He then filed a petition in the Court. Today, he has neither a car nor a driver. Mr. Agarwal now lives in a rented house. He had been deprived from the possession of his mansion too. He is now blaming his son for his present circumstances. He claims that two of his employees who handled his property and bank documents and personal files had gone missing. Access of any of such documents is no more possible.

The wise people say an intelligent person learns from the mistake of others. Let us peel the onion to get to the bud.

In this case, a very wealthy man relinquishes his rights to his son when he is still alive. What can be the reason for such an act? The reason can be many. A reasonable mind might think it is for the love of his son or for the faith in his son’s love and dedication for him or was it an act with a business move wherein he wanted to secure all his wealth from going to other hands by giving it to his younger son.

Whatever drove him to do this act, it resulted in great misery for him.

What was the reason for such misery? Again, the reasons could be many. The greed of his son for money superseded his love for his father or was the entire act of his father a previously plotted conspiracy or was it a bad influence on the son.

Though all of us are not as wealthy as Mr. Agarwal but surely possessions are no less dear and important to us. From the above facts, the following points cross our minds:-

1.      Gifting wealth to the next generation does not solve family dispute of previous generation;

2.      Gifting relinquishes all rights, title & interest of your property during your life time. That means after gifting you have no right over the property.

So, the ideal way to transfer such rights “THROUGH A WILL.”

Advantages of doing so through a Will-

1.      All your rights, title and interest over the property will be enjoyable during your life time. Such rights are transferred only after the demise of the Testator (maker of the Will).

2.      In a Will, you can still give your wealth to the person you desire just like the gift.

3.      Will has the option of depriving the legal heirs entitled to your wealth by giving valid reasons.

GIFT OR WILL – decide prudently.

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: Legal Executive Officer at DiL SE WiLL

To know more, please contact us www.dilsewill.com

This blog is informative in nature and created for pro bono purpose, it is not a legal advice. For any legal assistance, please do contact us at www.dilsewill.com or call us 033 4006 9589.