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Old 10th February 2019, 11:41   #331
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You should immediately file a Civil Suit for Declaration, Injunction and Consequential relief along with an application under Order 39 Rule 1 & 2 of CPC praying for interim injunction restraining the third parties from selling the property. You can also file an FIR with the jurisdictional police for criminal trespass under Section 441 of Indian Penal Code.
Quick update : The district magistrate has issued section 144 and the goons are going to be thrown out tomorrow and stopped from carrying on with their illegal construction on the land now.
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Old 11th February 2019, 16:09   #332
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Does a living will need to ...

I contacted a lawyer about a will. He said 2 witness, an executor all with PAN Card & Aadhaar Card to go to register the will. So including the person whose will it is & the 2 hiers, that means 6 people need to go to register the will with their PAN card & Aadhaar card?

Is this really necessary? What is simplest & easiest way to make a will? The person is 80 years old & doesn't want to spend a lot of time & effort. Plus the heirs most probably not going to fight it out in court.
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Old 11th February 2019, 17:50   #333
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I contacted a lawyer about a will. He said 2 witness, an executor all with PAN Card & Aadhaar Card to go to register the will. So including the person whose will it is & the 2 hiers, that means 6 people need to go to register the will with their PAN card & Aadhaar card?

Is this really necessary? What is simplest & easiest way to make a will? The person is 80 years old & doesn't want to spend a lot of time & effort. Plus the heirs most probably not going to fight it out in court.
This is the best way to 'register' a Will.

Aadhar / PAN, etc. is essential for identification purposes.

However, a Will can be the terms and recitals merely reduced into writing on a piece of paper, signed of course by the person who has prepared the will and attested by witnesses at the residence of the person who has prepared the Will.

Of course, I have heard of instances where the Registrar is paid a sum to register the Will at the residence in the presence of witnesses, but such services may be availed if the person writing and registering the Will is a Senior Citizen and bed-ridden.
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Old 11th February 2019, 18:44   #334
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This is the best way to 'register' a Will.

I am looking for the easiest way, not the best way. It's nearly impossible to get the person, the 2 heirs, 2 witnesses & an executor all the same time to register the will.

What's a simple way to create a will?

- Does a living will need to mention assets & who gets what or is it possible to draw up a will which says that I bequeath every thing to be distributed equally between X & Y?

- 2 witnesses are needed for the will. So what happens if the 2 witnessed die before the willer himself/herself? Does one then need to draw up a new will? Who can be a witness? Can a relative be a witness? Or does it have to be someone who is not related or someone not mentioned in the will?

- Is it necessary to have an executor for the will? Who can be an executor? Does it have to be someone not mentioned in the will?

- Also it seems that it's not necessary for a lawyer or registration for the will to be legally valid.
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Old 11th February 2019, 22:35   #335
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I am looking for the easiest way, not the best way. It's nearly impossible to get the person, the 2 heirs, 2 witnesses & an executor all the same time to register the will.
The Heirs don't have to be present at the time of registration of the Will.

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What's a simple way to create a will?
There's no easy or hard way. It's better to get it typed or printed as hand-written Wills may sometimes be difficult to understand.

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Does a living will need to mention assets & who gets what or is it possible to draw up a will which says that I bequeath every thing to be distributed equally between X & Y?
It can be done both ways. There's no hard and fast rule. However, to reduce ambiguity, it's good to draw up a list of all assets and clearly mention the beneficiaries of such assets.

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- 2 witnesses are needed for the will. So what happens if the 2 witnessed die before the willer himself/herself? Does one then need to draw up a new will? Who can be a witness? Can a relative be a witness? Or does it have to be someone who is not related or someone not mentioned in the will?
Yes, one will have to preferably draw up a new Will.

A Witness could be anyone who isn't receiving anything under the Will. Yes, a relative can be a witness. Even someone unrelated (a neighbour perhaps, or a friend) can be a witness.

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- Is it necessary to have an executor for the will? Who can be an executor? Does it have to be someone not mentioned in the will?
It's not necessary to have an executor for the Will.

Anyone can be an executor, even someone receiving something under the Will.

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Also it seems that it's not necessary for a lawyer or registration for the will to be legally valid.
The presence or services of a lawyer are not required for preparation of the will.

A will need not be registered either. However, should there be immovable property mentioned in the Will, it's always better to get the Will registered. In such cases, it's preferred to engage the services of a lawyer who could help streamline the registration process of the Will, and maybe even help fine tune some of its contents for you.

Hope this helps.

Last edited by suhaas307 : 11th February 2019 at 22:36.
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Old 12th February 2019, 07:40   #336
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Hope this helps.
Thank you.

What happens in case the person doesn't have a will?

Let's say the immovable property (flat) have the children as the nominee. The bank accounts have the children as nominee or joint holders. The pensions have children as nominee for Return of capital. In case the person dies without a will, will there be a problem in transfer of house or other stuff?
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Old 12th February 2019, 09:57   #337
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Suhaas,

Thanks a ton for the insights.

Was looking at the data in Amazon

https://www.amazon.in/Right-Will-Wri...rds=right+will

Will this not work for general population without any assets as such !

Wondering
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Old 22nd February 2019, 10:23   #338
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Dear all
Recently we (12 people in the family)planned to go to Andaman and got cheated by this website.

We paid advance amount of Rs. 1.2 L through netbanking. But the travel agent (Based out of Chennai) did not arrange the travel at all. He provided fake air tickets on email after 2-3 weeks of advance payment.

I repeatedly followed up with him for the amount return but he did not give a single rupee. I have a friend in Chennai who is Assistant Commissioner of Police's neighbor. I gave a written complaint to TN Police through him and help from ACP and got 75K back. He is yet to give another 45K but he is not responding to calls to me or Police or my friend.

What is the best method to handle this case? Please advise

Last edited by gkveda : 22nd February 2019 at 10:24.
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Old 22nd February 2019, 14:54   #339
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What is the best method to handle this case? Please advise

Persuade the police to lodge FIR on the basis of your complaint. Give bank details, mobile numbers and all possible details to police to track down. That is the best form of putting pressure on the travel agent. Additionally, file a consumer complaint for recovery of balance amount and compensation for harassment. Let me know if you need any help in handling the matter. I can connect you to my contacts.
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Old 22nd February 2019, 17:23   #340
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Quick update : The district magistrate has issued section 144 and the goons are going to be thrown out tomorrow and stopped from carrying on with their illegal construction on the land now.
Update : Media coverage for our ongoing case.

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Old 22nd February 2019, 17:28   #341
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Hi all legal T-BHPians!

This is about some legal advise reg. (possible) divorce proceedings that one of my friends is in dire need of.
Any help would be appreciated, locality of jurisdiction is Bengaluru.

Case in a nutshell:
  • He's an IT professional aged 35 with 10+ years exp, she's also a working woman; both of them make decent money and are not dependent on each other.
  • Married for 5years, have a baby girl of 2years, couple are not staying together for last couple of years, kid is with the woman.
  • The woman is VERY reluctant to lead a normal family life with my friend. She prefers to stay with her parents (who are medical professionals). He tried to convince her stay with him in many ways/multiple times, but she never does.
  • Woman's parents are very non-cooperative reg. continuing the relation in a normal manner; whenever he approaches them for help they say they're helpless and it's the woman's choice what she should do with her life.
  • This entire situation is causing immense mental stress & trouble for my friend.
  • The woman even threatens him if he tries to go in a legal way, she will file a dowry harassment petition against him & his aged parents. In various ways, she & her parents have expressed their disinterest in continuing the relation in a normal/conjugal way, but probably to charade in front of the society that all is normal and their daughter is leading a normal married life, they don't allow my friend to proceed for divorce.
  • Whenever he contacts her parents, they say it's upto you both to decide what to do with your life, but don't allow him to enter their home / call his wife / advise their daughter.

Given these, can anyone please advise how to proceed with the situation -- what are the legal complications that may arise, will he have to provide alimony/maintenance etc. to her/kid, can he proceed for remarriage etc.
If the woman is ready to lead a normal life with him, my friend is still open to take her back.

Last edited by KrisTvpm : 22nd February 2019 at 17:31. Reason: minor correction
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Old 22nd February 2019, 18:36   #342
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Given these, can anyone please advise how to proceed with the situation -- what are the legal complications that may arise, will he have to provide alimony/maintenance etc. to her/kid, can he proceed for remarriage etc.
If the woman is ready to lead a normal life with him, my friend is still open to take her back.

Difficult situation to be in. However, you can apply for restitution of conjugal rights before the Court impressing upon the Court that you are all along ready and willing to lead a normal/ conjugal life and there is no reason for your wife to deprive your daughter of the love and affection of her father (you). Depending on your wife's approach, you may consider convincing her to stay with you or apply for divorce by mutual consent.

Considering the cumbersome process and delay a contested divorce entails, it is always advisable to go for mutual divorce, that too as a last recourse.

The threat of initiating proceedings for dowry harassment frivolously is itself a ground for cruelty and divorce. You can't allow this to go on and not take any steps merely because of the threat perpetrated by your wife.

Hope this helps!
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Old 22nd February 2019, 19:12   #343
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@ kristvpm - This is what your friend can start with.
Tell him to give a detailed representation to the SSP of the city giving elaborate details of his situation. Tell him to mention everything including your effort to continue the marriage, any dowry articles that she got at the time of marriage and now in her possession and her threat to file FIR/complaint. Wait for the police to conduct an inquiry/call her etc. Additionally move an application u/s 9 HMA for restitution of conjugal rights. And additional application for visitation rights etc.
You could also move an application at the high court mediation center. They will call her, she might or might not come.
In my experience as a criminal lawyer on almost all occasions the women is looking for a hefty sum of money to settle. Approach her through a third party who can ask her her demands and explain her the importance of moving on.
All these suggestions SHOULD get a response from her and let your friend know what exactly is she wanting. The idea is to move on with life and not be stuck in the past.
I must add, be prepared for the worst. Matrimonial disputes are always nasty when outside the 4 walls of the bedroom.

Last edited by bigron : 22nd February 2019 at 19:17.
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Old 23rd February 2019, 09:28   #344
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Difficult situation to be in. However, you can apply for restitution of conjugal rights before the Court... <snip>...
Hope this helps!

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@ kristvpm - This is what your friend can start with.
Tell him to give a detailed representation to the SSP... <snip>
I must add, be prepared for the worst. Matrimonial disputes are always nasty when outside the 4 walls of the bedroom.
Thanks a lot jbpanda & bigron, for your pointers. These should definitely be of help for my friend to start off. He has also approached an advocate who suggested him to transfer any assets he is owning, as a gift to his mother to avoid his wife claiming rights on these.

(Incidentally, @jbpanda this is not my own case! If it were, 2 things: I wouldn't hesitate to state the case as my own; and my blood boils a bit seeing the woman's attitude, w/o sounding arrogant/MCP I'd have tried to teach her a lesson; my friend has huge reserves of self-restraint!)

My spouse is an advocate too, we offered to play mediator to this; but my friend's wife is nonchalantly dismissing any attempt from him to reconcile..

Anyway, thanks for your prompt inputs, hoping that my friend is able to come out of this quagmire asap & lead a normal life.
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Old 23rd February 2019, 20:35   #345
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Hello CAs,
Have a question related to dividend received and reinvested on foreign security. I am purchasing my employer's shares which are listed in a Germany. This FY (in Jun 2018) there is a dividend paid out by the company which has been reinvested to purchase further shares. The dividend amount was approx. 36.87 Euro. This is after paying the German dividend distribution tax. I am not sure what is the tax implication for me in India as an Indian tax payer.

Looking for your advice.
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