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Mahesh Babu (HR) (Director HR)     11 June 2017

Reg. will and legal hire

Dear experts, need a help, my father aged 81 is suffering with Parkinson diseases due to which he is unable to sign on paper (due to shivering of hands) and also not able to walk much. I am the only son and do not have any siblings, my mother is alive and in good health, now my father wants to write a will and nominate me as legal hire, can you pls. suggest the options for me, also is it possible to get a legal hire certificate when the person is alive ? Thanks in advance Mahesh Babu L


Learning

 16 Replies

Advocate Suneel Moudgil (Advocate)     11 June 2017

Simply draft a will, get it registered before concerned authority and its done.

however, your father's appearance is mandatory before registration authority but you can take him on wheel chair or any other comfortable mode. if he is unable to sign, then thumb impression will work.

 

  

shrenik (lawyer)     11 June 2017

Why u need will? When u are only son All his property will be yours only

shrenik (lawyer)     11 June 2017

Why u need will? When u are only son All his property will be yours only

Kumar Doab (FIN)     11 June 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     11 June 2017

The estate/property of father is self acquired or ancestral.

What arrangements are made for your mother?

Kumar Doab (FIN)     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.

 

https://www.mayoclinic.org/diseases-conditions/parkinsons-disease/basics/definition/con-20028488

Kumar Doab (FIN)     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 (FIN)     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.

https://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 (FIN)     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 (FIN)     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 (FIN)     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 on 31 July, 2013

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 (FIN)     11 June 2017

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……… 

Kumar Doab (FIN)     11 June 2017

Shanta Chopra vs Uma Bahadur


Attached File : 60926 20170611132121 524732315 shanta chopra vs uma bahadur.docx downloaded: 59 times

Kumar Doab (FIN)     11 June 2017

Maki Sorabji Commissariat vs Mr. Homi Sorabji Commissariat

https://indiankanoon.org/doc/71214642/

 


Attached File :
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