Will & legal heir regarding....
Mahesh Babu (HR)
(Querist) 11 June 2017
This query is : Resolved
I need help, my father who is 81 years old is suffering from Parkinson disease and due to the severing of hands is unable to sign papers also not movable, he wants to write a will and also nominate me as legal hire, I do not have any siblings, my mother is alive and is healthy, what are the options for a will and legal heir certificate, is it possible to procure a legal hire certificate when a person is alive ?
Thanks in advance
Mahesh Babu L
Kumar Doab
(Expert) 11 June 2017
It is believed that you are all Hindu. Confirm!
Kumar Doab
(Expert) 11 June 2017
The estate/property of father is self acquired or ancestral.
What arrangements are made for your mother?
Kumar Doab
(Expert) 11 June 2017
Parkinson's disease is a progressive disorder of the nervous system that affects movement. It develops gradually, sometimes starting with a barely noticeable tremor in just one hand……………… Although Parkinson's disease can't be cured, medications may markedly improve your symptoms. In occasional cases, your doctor may suggest surgery to regulate certain regions of your brain and improve your symptoms.
http://www.mayoclinic.org/diseases-conditions/parkinsons-disease/basics/definition/con-20028488
Kumar Doab
(Expert) 11 June 2017
Get your father examined from a qualified Medical Specialist e.g; Neurologist that he has just movement disorder say; tremor in hand(s) and he is mentally sound. Get your father examined from a qualified Medical Specialist e.g; Neuro Psychiatrist/ Psychiatrist he is mentally sound………….. that he has just movement disorder say; tremor in hand(s). He can understand the contents/bequeath in WILL. Register the WILL preferably.
Kumar Doab
(Expert) 11 June 2017
The registering authority on showing the evidence of special circumstances may register at private residence. REGISTRATION ACT, 1908 PART V : OF THE PLACE OF REGISTRATION 31. Registration or acceptance for deposit at private residence In ordinary cases the registration or deposit of documents under this Act shall be made only at the office of the officer authorised to accept the same for registration or deposit: PROVIDED that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will.
http://dolr.nic.in/Acts&Rules/RegistrationAct%281908%29.htm
If he can move with support you can take him to O/o Registering Authority.
Kumar Doab
(Expert) 11 June 2017
Thumb impression may be accepted. Try if Family member certificate can be issued at your location/state. Check if a Legal heir affidavit is possible at your location/state.
If yes: get both.
The expenses are almost negligible.
Kumar Doab
(Expert) 11 June 2017
In case of Hindu male dying without disposing his estate/property in his life time by a valid/registered deed………………and/or leaving a valid WILL…………the 1st right is of ClassI legal heirs i.e: Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……………..
Thus interest of ClassI legal heirs that are present seems to be safe.
Until or unless someone rises and claims to be another wife, son, daughter……….
Request your father to register Nomination in all accounts e.g; bank, PO, employment related funds, insurance policies, mutual fund, equity share etc etc
Kumar Doab
(Expert) 11 June 2017
For your interest you may go thru some citations and pick up relevant points e.g;
Delhi High Court Shanta Chopra vs Uma Bahadur
IN THE HIGH COURT OF DELHI AT NEW DELHI
CS (OS) No. 950 of 2013
30.
The documents placed on record, therefore, do not enable the Court to conclude that the Plaintiff was of unsound mind in 1999 or even thereafter. The extant medical literature does not suggest that there is any connection between Parkinson's disease and mental soundness. In other words there is nothing placed on record to suggest that a person suffering from Parkinson's disease is by that reason also mentally unsound. In any event it would be difficult to determine in 2013 what the mental condition of the Plaintiff would have been in 1999 i.e. more than fourteen years ago. As already noted, even the contemporaneous entries in the clinical notes of investigations do not indicate at all that she was of unsound mind in 1999. She appears to have been regularly receiving treatment at the AFC and is shown to have responded well to that treatment. It is, in the circumstances, not proper for Mr.Ravi Chopra to make a casual averment that the Plaintiff is presently of unsound mind and was so in 1999. There is no basis for such averment.
https://indiankanoon.org/doc/24607522/?type=print
Kumar Doab
(Expert) 11 June 2017
Maki Sorabji Commissariat vs Mr. Homi Sorabji Commissariat
For your interest you may go thru some citations and pick up relevant points e.g; 2. Some of the relevant facts for the purpose of deciding this suit are as under : (d) (ii) Doctors have not certified that the deceased was sound and physically capable for the execution of the alleged will and codicil. The deceased was 88 years old at the time of executing will and was not physically and mentally sound at the time of execution of the will. (vii) The deceased was suffering from Alzheimer and Parkinson's disease. (e) On 21st June, 2012, this court framed issues which are substituted by consent of parties and which are answered in the later part of this judgment : (b) Whether the deceased was in sound state of mind at the time of execution of the Will and Codicil? In the affirmative 39. In my view even if the said deceased was suffering from Parkinson's disease for any part of the period as canvassed by the defendants, question that arises for consideration is that whether such disease even if deceased was suffering from, whether would have affected sound and disposing mind of the deceased at the time of execution of will or codicil. A perusal of the evidence on record clearly indicates that the witness was active in various activities including taking decisions in property matters which is an admitted fact even according to he defendant and was participating in committee meetings. In my view even if it is considered that initially the said deceased had suffered from Parkinson disease, it would not indicate or prove the allegations of the defendant that it had affected the sound and disposing mind or capacity of the said deceased testator to execute a will or codicil or that he was not capable of disposing his property. Unless the disease is of such a Hvn 37 TS No. 60 of 2011 nature that it would affect the sound and disposing mind of the testator, such disease cannot be a ground to refuse a probate or letters of administration. In my view, the defendant has failed to prove the allegations made by the defendant in this regard in the affidavit in support of the caveat or in evidence 52. The Supreme Court in the case of Savithri and Others (supra) has held that the deceased who was dependent on the respondents having been suffering from cancer, was bound to place implicit faith and confidence only upon those who had been looking after him. The Supreme Court considered the situation where the son was not meeting his father and had not been attending to him. He has not even made expenses for his treatment when the father lost his job. The testator was living with his sister and her children. Considering these facts, the Supreme Court held that if in that situation if he had executed the will in favour of his sister and her children, no exception thereto could be taken. 53. I, therefore, pass the following order : (a) Plaintiffs have proved the execution and attestation of the last will and testament dated 16th June, 1999 and the codicil dated 23rd July, 2001 and that the deceased was of sound state of mind at the time of execution of the will and codicil. It shall be in your own best interest to approach a very able senior local counsel of unshakable repute and integrity specializing in succession/civil matters and well versed with finer nuances of personal law, precedence’s that apply in your case………
https://indiankanoon.org/doc/71214642/
Dr J C Vashista
(Expert) 12 June 2017
Why does your father intent to make you beneficiary in his will when his wife (your mother) is alive and hale and healthy? Prima facie you want to bye-pass your mother to take benefit of your father's self-acquired property, isn't it?
Consult a local lawyer.
P. Venu
(Expert) 12 June 2017
A will could be made by affixing thump impression and following the due procedure. It could also be registered. However, such procedure appears to be unnecessary as you are the only child unless there are other mitigating circumstances.
