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Old 12th November 2008, 10:27   #16
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Quote:
Originally Posted by Sam Kapasi View Post
Psst.. himanshu...

Kartik is a half-decent lawyer.
Right...thank you?? Half-decent? I am a corporate lawyer and I never claimed otherwise. I am good at what I do in that sector.

@ himanshugoswami: i am not trying to mislead anyone and I would appreciate you not making such allegations either. This is not a forum for legal advice and I have no intention of giving full and complete information here either. If you want answers to all the question you have raised, then I suggest an appointment along with an agreement on fees.
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Old 12th November 2008, 11:07   #17
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Originally Posted by kartikkumar View Post
Right...thank you?? Half-decent? .
Oh ho KK. My response was merely in context to the statement below. See?
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Originally Posted by himanshugoswami View Post
there are enough intricacies involved that any half decent lawyer can exploit should there be a litigation.
Don't get all angry and stuff with himanshu, he meant well, I am sure. We are all trying to help each other on the forum. That too free of charge.

As it is people are dying and leaving other Team-BHPians their cars. let us all be nice to each other, then we might get a car in somebody's will.

Example: I, vid6639 have realised that nobody can appreciate my hummer after my death, except the Yeti®. I hereby bequeath it to him after my death. I consider it a personal honour to write his name in my will. Goodbye cruel world.)

Please note that this is just an example. Vidyut is not writing my name in his will and he does not have a hummer. Nor is he dying.

Raja just wants advice on making a will. he is also perfectly hale and hearty. I saw him at a dhaba full of bad food not long ago and he survived that. Well enough to write this thread about making his will. (Wait a minute, was it the food at that Dhaba that made you think mere baad kya hoga?

Psst.. he has a mercedes. Free mein advice de de, will mein lottery lag gaya toh?


Disclaimer: I have a morbid sense of humour and meant no offence to anyone. Of course.

Last edited by Sam Kapasi : 12th November 2008 at 11:09.
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Old 12th November 2008, 11:39   #18
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I will second that...
Kartik has emailed me lots of valuable information and asked me questions I hadn't even thought of that could effect the will.
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Old 25th November 2008, 22:01   #19
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Originally Posted by himanshugoswami View Post
for example:

1.do you need two witnesses to the will or two atttesting witnesses. yes very important, best is your family lawyer/doctor/chartered accountant
2. how can a bequest be nullified cannot. however will if registered stands a stronger chance, depends again how much money you bequeath and to whom
3. can a testator control his property from the "grave".Law does not give rights to dead people
4. does a will need to be probated. if so, is the law uniform thoughout the country?
5. what happens when part immovable property is in a Presidency town and part in elsewhere in the country?Probate is mandatory in Maharashtra, WB not aware, mutation of the property needs to processed if the will is probated by the Honourable HC
6. what about alienation of ancestral property under a will.Succession act - PLEASE CONSULT A LAWYER, they charge while you are alive. lol
7. what about the status of a Karta in an HUF vis a vis the beneficiary/executor of a will.read as point no 6
8. how many people know that if an executor is named in a will, the entire estate first devolves upon him, and then the onus is on him to pass it on to the beneficiaries.a well drafted will and last testament will have a suitably worded procedure, however if the executor dies while transferring the property onto the beneficiary's name (s) there will be an avoidable mess, therefore consult a lawyer, in most cases the executor has to have the property transferred onto the beneficiary's name, it is advisable to have one of the beneficiaries as the executor
9. who files for a probate?- the beneficiary or an executor.Any of the trustees/executors mentioned in the will, in some cases if the executor has deceased, the named beneficiaries

Hence, please dont mislead anyone by oversimplifying things. it may not be in their best interests.
I may not be a lawyer, but have undergone a lot of these procedures and activities,

Once again, if the land/building falls in the precincts of Presidency lands Probate is mandatory, post the grant of the probate, Mutation would need to take place, in Maharashtra the law has changed, any property (outside the ambit of the Co operative Housing Society's act) needs to be transferred by way of probate.

Cheers
M M

Last edited by mmmjgm : 25th November 2008 at 22:11.
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