Strangers can be your Angels too

Sometimes memory of a stranger cannot be erased from our mind in life long, one of them. Stranger Rahul  Verma, a soldier, by profession was one such person in my life.

On 25^th May, 2004, I reached Chandigarh by train at 6 a.m. but was oblivious about the upcoming happenings at Chandigarh. I visited there as a tourist.  In evening, I went to a beautiful garden which was heavily adorned and had a renowned Cafeteria situated at a stone throwing distance from my lodge. I took few photographs of the silent nature. In love with photography, I took candid shots of two people sitting at coffee shop. They were having their coffee. I offered them their photographs and at the same time we introduced ourselves. I noticed the change in their sullen faces as they came to know about my profession as a lawyer.

It seemed like a ray of hope for them. They started enquiring about my profession and my practice. On being satisfied with my credentials information and offered me a cup of coffee. Interested to know about the culture and I sat down with them but what came in my way was something different.

Mr. Rahul and his friend asked me “ Can you give us an advise?” I willingly agreed.

Mr. Rahul started like he had a small daughter whose name was Rashy. Thereafter he shared his personal details with me that yesterday he had received letter from his senior officer for joining the battle field and he had to go to there next week. He was worried for the future of her daughter.  Mr. Rahul had faced the worst phrase of life. Suddenly Mr. Rahul’s eyes were engulfed with tears followed by the past memories which he shared with me and said that he could not continue his studies due to financial crisis and he lost his parents when he was in class four. Even he failed to continue his higher studies though he had a dream to be a doctor. He was a brilliant student but his fate had decided something else for him.

Then, he called up her daughter….” Rashy…. Rashy (in a louder voice) please come here beti.. please come faster. I have come here with my daughter to see Mr. Arnab, my friend. My daughter lost her mother when she was 2 years old.”

Rashy came to me, leaving her playground and said “Hello ma’am, good evening.” Rashy was a sweet, innocent and intelligent girl which was clearly perceived by her appearance. Rashy then took out a bunch of flower from her portmanteau and offered the same to me. Mr. Rahul said “ I don’t want that my daughter suffers like me.. I will not let my heart wrenching story repeat in her life.”

That day I sat with those strangers for three hours. I missed few scheduled worth a watch places of the city but my heart felt happy that I did something which suited my profession well - gave them sound and correct advise. These three hours along with satisfaction also gave me new friends.

Within a week Rahul made hand written Will followed by my advise. He handed over the same to his best buddy(Mr. Arnab) before going to the battle field. Thereafter he informed me about his deeds.

Five years later….,   

   

Co-incidentally, I met Mr. Arnab in a shopping mall at Kolkata. On that day, I came to know that Mr. Rahul lost his life in that battle field but he took the responsibility of executing his Will and the responsibility of Rashy too.

Fifteen years later…………,

Once again I settled down my mind for going to a Chandigarh trip. I took the same lodge there from where I went to the same cafeteria which gave me the reminder of Rashy. For a while, I was being nostalgic followed by the memory of sweet Rashy. Few question were automatically shaking me…”How is  Rashy now? Why do I miss her so much!!! Is she in any trouble?

I didn’t have any answer to my questions as there was no one from whom I could get any information related to Rashy. I had been always bolstered by following Rashy’s memory…. a sweet girl with her curly brown hair and having big intelligent brown eyes.

Suddenly, a voice audible to me …“Good evening Madam,!!”  I looked back, a person wearing waiter’s uniform in black and white, offering me a cup of Coffee placed in a nicely decorated tray. Silent nature’s beauty had drawn my attention completely though many things had been changed which were noticeable in my eyes.

Suddenly, I felt everything was moving around me and I started sweating heavily which drenched my dress. Subconsciously, I was thinking “What is happening with me!!.. It is risky that I am alone here but my health…”

I was not able to recall any thing thereafter… I lost my sense instantly. Then I found myself in a doctor’s camp... I was informed by a nurse present over there that local people brought me here for my instant treatment. Then a sweet voice wishing me “Good Morning!!.. How are you feeling now?” I saw a sweet looking young lady whose face was much similar with Mr. Rahul’s face standing beside me, wearing a white apron and stethoscope was hanging around her neck. Then she checked my blood pressure and eyes. I was feeling that somewhere I had seen her,.. she might be known to me. I felt restless but could not recall that where I met her. 

I softly replied her with low voice “I am ok now”... 

 Then she moved on, she was busy for the treatment of wounded soldiers who were lying next to my bed. I waved my hand and call that young lady doctor, then asked her “may I know your name please..?”  Then she said with big smile “ Rashy Verma”. Few drop of tears were automatically coming out from my eyes and she wiped out those tears with her soft hand.  I accumulated more strength within me and asked that why she had chosen this profession and she answered that my father was a soldier who lost his life in the battle field. My father wanted to see me as a doctor as he had a dream to be doctor. Instantly, Rashy’s eyes were shining with tears  ...”So I chose this profession and am serving to these soldiers.” I asked her “ may I know your father’s name?”

Rashy replied “Sure… His name is late Mr. Rahul Verma. I lost him when I was 10 yrs. My uncle took care of me thereafter”

I was feeling so satisfied by seeing her and by the conversation I came to know that Mr. Arnab, said her the entire story. Even I was surprised to know that my name was also in her knowledge.  She was so thankful to me when I disclosed my name. Even She could easily recognize me. I talked to Mr. Arnab over phone and he said the entire story to me.  

Now, I am 62 years.. still that voice echoing in my mind when Rashy was saying her name to me and I say thanks to God that I was able to save Mr. Rahul’s dream by giving him a worthy suggestion. Mr. Rahul made a privileged will in favor of his daughter and appointed Mr. Arnab as guardian of her daughter. Rashy’s life was secured due to that reason and Mr. Rahul’s soul got relief.

This blog has been written with the intention to create awareness in the lives of many such Rahuls. This blog will be successful even if one Rashy gets a better future.

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 at  DiL SE WiLL)

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 at DiL SE WiLL)

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)

Is making Will necessary?

Resources say that the awareness of the importance of making a will in India is much lower than that in the western world. Only 36% of the total population in the USA makes a valid will whereas the UK is a little better with 47%. With the decreasing life span experts say that this is not enough. But, in India the percentage is even lower .This is alarming.

In our initiative towards creating awareness about the importance of making a will, we found that over 80% of the cases pending in various courts across  India are related to property disputes , succession matters , inheritance and probate executions. These cases sometimes outgrow the age of the people fighting the cases. Such situations can be avoided if each one takes a responsible decision to systematically assign his/her properties. This can only be done through a valid will.

Why making of “Will” is important? …..We know that the only way out is that to keep an eye on incidents which compel the law makers to be stricter to keep a check on such shaming incidents. The other side of the story is that such laws are also misused to cater evil motives. 

The importance of a Will cannot be stressed enough for Indians with lakhs of Civil Cases pending in various Courts of Law for ages. However, the importance of a Will was realized by many only after two very high profile wars among some of the richest families in the country- the Ambani’ s and the Birla’s. The first was the case with the absence of a Will;

The second was the case with the Will bequeathing over Rs. 5,000 crores to their consultant. There is a very renowned proverb is that “Where there is a Will there is a way”. A written Will, will take care of most of the problems related to passing on wealth.

A Will is a wish list of the Testator who has wealth (Paintings, CD, Book, Diary, Shares, Good Will, Patents, Copyright, real estate, Antiques, Jeweler, pets or any other valuable movable or immovable things) to be split up among his family members, relatives, employees, charity, or anyone else after his passing away.

At any point of time, the owner of the wealth can have a change of mind and if he needs to make any changes in his Will, the said Testator can instantly change his Will in his life- time. The necessity of a Will is emphasized as under-

The Concept of Will is not alien to us, but how many of us actually make the effort to write one? Most of us do not bother based on the assumption that it is required only for those who are rolling in wealth.

Succession planning can be done through Wills, Corporate entities and trusts. If any one dies without making a Will (called “intestate” in legal Parlance), his wealth is inherited by the heirs according to the inheritance laws. If a person dies without a Will, the law of succession applies based on the religion of the deceased. Since laws of marriage and succession are the most intricate among the religious laws, inheritance issues an India are very complicated. In case of more than one heir, distribution of assets can lead to family disputes. If you die intestate, the Court will decide as to whom your precious property be distributed. At that time, your heir has to follow the judgment of the said Court as it becomes functus officio (Once the Court has passed a valid sentence after a lawful hearing, it is functus officio and cannot be changed). The main reason for making a Will is to say who should receive your property and who should raise your children if something fatal occurs to you. If you do not own any property and also do not have children, you may still want to make a Last Will anticipating to have a property or children in the future. If you want your spouse to get all your properties after your death, you should still write a Will mentioning this. All the assets do not automatically get transferred to the deceased’s spouse.

The applicable succession laws (depending on one’s religion) usually provide for distribution of the assets among the heirs, which includes other relatives in addition to the spouse of the deceased. It is a misconception to believe that all the estate automatically passes on to the spouse. Children and relatives can also stake claim to the property. Law of Inheritance and succession are diverse and complicated. This kind of division of assets is an expensive business as your family would have to hire the services of a lawyer and all the costs will be incurred out of your estate. So in effect, your family will get a diminished share.

Whether it’s a son drawing a huge amount as salary or a daughter who is still pursuing her studies, both of them get a fixed portion of your wealth when the laws of succession come into play. A Will offers you the option to give more to your daughter if she needs support. Even if you plan to distribute your wealth equally among all your heirs, you should write a Will to that effect to avoid disputes among your family members and make the transition of wealth easier. One can also write a Will for creating trusts. A Will does not only distribute wealth; it can also offer responsibilities. Who should take care of your children in absence of you and your spouse? Should they be raised by your brother who is in a financial mess or you want your elder sister to take care of them?

Most of the time it becomes a bone of contention in deciding who would take care of the children after the demise of the parent.

Now, you may be conceding the above explained truth but you must be thinking that the procedure is complicated, especially the procedure of the registration of Will. So, still you are thinking twice before making Will.

Till, today you have been procrastinating making of Will due to its complicated procedure and huge expenditure. This blog aims at creating awareness in the masses about the importance of making Will. We provide the best services in the field of Estate and succession planning which is available at a very competitive fee structure. DiL SE WLL, is a one stop solution for making an online will, consultation, legal advice and registration.

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)

What are the most important things to know about estate planning?

Estate planning is a process of preparation/ plan through which we can club together our entire movable and immovable properties/assets which we desire to bequeath after our death.

The benefits you will receive by estate planning are as follows-

·         You may reduce taxable estate by making annual gift;

·         Make power of attorney for directing/managing other investment and assets;

·         Make or update plans like insurance/ other things;

·         Make limits of your estate taxes by creating trust accounts in favor of beneficiary;

·         You may create Will;

·         You may mention the name/names of executor who will oversee the terms of Will;

·         You may appoint guardian for living dependents;

·         You may make planning for funeral arrangements/ expenditures.

·         And many more….

 It is better to make Will in lieu of dying as an intestate. Most of the people at young age procrastinate estate planning for the myth that estate planning is not required at younger age and keep it aside exclusively for the older part of their lives. Estate Planning due to the thought process that it is required at later stage of our life and it is not a priority in their lives. In fact, old age also leads to delay in making will due to several health issues. In India the awareness of estate planning is less and for this reason young generation prefers to follow others instead of being wise with their decision.

State Estate taxes/ State Inheritance taxes can be avoided by transferring assets to legal heirs. Such taxes cannot be avoided completely but we can protect our heirs from giving huge amount of taxes.

It is a myth that common man does not need to do estate planning because only the elite class with huge properties needed. But, it is not so.

Estate Planning as earlier mentioned is one kind of transfer of a person’s wealth, asset and his/her personal belongings, insurance, pensions, real estates, cars, debts etc. In legal parlance, we can say that estate planning is a flow from of his own wealth to his loved ones to keep his family/ loved ones protected in future through an organized manner.

We all need to know why do we need estate planning. All these are exclusively only for those persons who are living extravagant lives. Do you really need to do estate planning?

The answer is yes…… Why?

Middle class families make their wealth with their hard earned money and with lot of effort. It is important that this accumulated wealth goes to the right person whom we desire to bequeath. In the absence of a Will this is distributed in accordance with the Indian Succession Act, 1925. Thus, it can also go to an undesired person.

List of things which you have to incorporate/include in estate planning are-

1.      Personal belongings;

2.      Debts;

3.      Savings;

4.      Wealth,

5.      Personal bank account;

6.      Car;

7.      Jewelers;

8.      Furniture;

9.      Arts;

10.  Insurances

11.  Real estates;

12.  Digital Assets.

13.  And many more…..

Why Estate Planning is important?

1.      We can stop our legal heirs from overpaying in taxes;

2.      Protect families with young children/ old parents;

3.      It eliminates family squabble/ messes when we will be no more;

4.      You can make sure that your business will continue smoothly in your absence;

5.      You can plan for incapacitated persons;

6.      Your property will go to beneficiaries.

7.      And many more….

Estate planning is also important for young generation, people who have limited wealth, unmarried people, people who have lot of business and children.

The modes of making estate planning are-

·         Will;

·         Trust;

·         Gift;

·         And many more….

On 1^st February,2017,Indian Finance Minister, Mr. Arun Jaitley, presented the Government of India’s annual financial statement for 2017-18, commonly referred to as the Union Budget. 

Here we can find that he shows us the way out where we need not to bear taxes on our wealth. He said that Gifts to charitable trusts and those under a Will to testamentary trusts, continue to be specifically exempt.

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 want to protect your legacy, please contact us at www.dilsewill.com

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)