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Wednesday, May 8, 2013
Thursday, April 25, 2013
Unattested will just a piece of paper: SC
Unattested will just a piece of paper: SC
|
New Delhi: The Supreme Court has said that a document bequeathing a property will remain just a piece of paper unless it is registered or attested by two witnesses to qualify it as a will. Upholding the finding arrived at by the Punjab and Haryana high court, the apex court said a document by Rao Gajraj Singh was neither a transfer of property as the same was not registered as required under the provisions of the Indian Registration Act, 1908 nor was it a will as it was not attested by two witnesses as it should have been done for a will. “Thus, the writing executed by Rao Gajraj Singh, in the eyes of law, was only a piece of paper, having no legal effect,” said a bench of justices RM Lodha and Anil Dave in their recent judgment upholding the decision of the high court. “Factually also, the said writing was not a will because it was not attested by two attesting witnesses as is required to be done for execution of a valid will. It is also a fact that the said writing had not been registered,” said that court. Gajraj Singh, who died March 29, 1981, had executed a document, which said that upon his death or the death of his wife, his property would be inherited by the survivor. His wife Sumitra Devi, who passed away June 6, 1989, executed a will June 1, 1989, bequeathing the property to one of her eight children Narinder Singh Rao. Terming the document executed by Rao Gajraj Singh a piece of paper, the court said that after his death, the suit would have to be equally divided amongst his widow and eight sons. — Agencies |
Friday, April 19, 2013
Keep going, even as you age,...... Wisdom worth listening to:
Keep going, even as you age,...... Wisdom worth listening to:Don't worry, while you are alive about others’ criticisms or gloat over their praises;just do what you believe is right.Don't worry about what will happen after you are gone, because when you return to the dust, you will feel nothing about praise or criticism.Don't worry too much about your children for children will have their own destiny and find their own way. Just help them grow into responsible, caring and productive human beings, but never be their slave.Don't expect too much from your children. Caring children, though caring, could get too busy with their lives to help you and the uncaring children may fight over your assets even when you are still alive, and await your early demise so they can inherit your property.Your children take for granted that they are rightful heirs to your wealth; but you have no claims to their money.As you grow older, don't trade in your health for wealth any more...Because your money may not be able to buy your health …..Know when to stop making money and how much is enough (hundred thousand, million, ten million?)Even if you had a thousand hectares of good farm land, you can only consume one quart of rice daily; Even if you had a thousand mansions, you need only three square meters of space to rest at night. Just ensure you have enough to live happily.Every family has its own problems. Just do not compare with others for fame and social status and see whose children are doing better, etc. but challenge others for happiness, health and longevity.Dont worry about things that you can't change because worrying doesn't help and it will affect your health.You have to create your own well-being and find your own happiness.Strive to keep yourself in a good mood, think about happy things, do happy things daily and have fun in doing them, then you will pass your time happily every day.One day passes, you will lose one day; One day passes with happiness, and then you gain one day.In good spirit, sickness will cure; in happy spirit, sickness will cure fast; in good and happy spirit, sickness will never come.With good mood, adequate exercise, lots of sun, variety of foods, reasonable amount of vitamin and mineral intake, you will enjoy years of healthy life.Above all, learn to cherish the goodness around ……FAMILY and FRIENDS……..they all make you feel young and "wanted"
Monday, April 15, 2013
All Will does not require Probate.
All Will does not require Probate.
Probate is required when -
(1) (a) the existence or the bonafides of the Will is resisted / challenged by any of the legal heirs / Legal Representative; or (b) when the existence or the bonafides of the Will is resisted / challenged by any other interested persons;
AND
(2)(a) A Suit is filed by the said Legal heir / Interested persons against the executor / Legatee claiming his share in the estate of the deceased; or (b) A Suit is filed by the Legatee against persons who are in possession of the estate of the deceased testator and thereby Executor / Legatee claiming the estate of the deceased as his rights under the Will.
If your case is not falling within above parameters, no Probate is required.
by Ad Sandeep Jalan
Tuesday, March 19, 2013
Planning for Your Future
Planning for Your Future
Aging happens naturally, but aging well takes careful planning. Take steps to ensure that your financial, living, and medical needs will be met in old age.
Medically reviewed by Pat F. Bass III, MD, MPH
Your Personal Security PlanAging is a time of transition. Many people start taking steps to eat better, get regular exercise, and manage stress to extend their healthy years. But it goes beyond that: Healthy aging should include thinking ahead to the financial, medical, and family issues that you could face in old age.
Older adults face many decisions in the last decades of their lives. Taking some time to look at the issues ahead and plan accordingly can make the future easier and more enjoyable for both you and your family. Here are some areas to consider:
- Your money. Saving for retirement is important, and you want to make sure you have enough money to live on and enjoy life in your old age. You also want to make sure that money is protected, that you can get to it if you need it, and that you have enough to take care of yourself and your family. You should also make decisions about what should happen to that money when you die by preparing a will or trust document that spells out your wishes.
- Your health care. You may need more health care in old age than you did when you were younger. It’s important to make sure that you have health insurance coverage, possibly a second plan to cover costs not met by Medicare, and that you understand the coverage and have enough money on hand to cover what your plan doesn't. Keep your health and life insurance policy information stored in a safe but accessible place.
- Your life. The onset of a health emergency – such as a heart attack, stroke, major injury, or terminal illness – is not the best time to make key decisions. Preparing advance directives like a durable power of attorney, a living will, and other documents that state your end-of-life wishes can save you and your family from unneeded stress in a time of crisis.
- Your care. It's tough to think about not being able to take care of yourself, but that point may come. Friends and family members may not be able to give you the level of care that you need when living with a debilitating illness. While you're still healthy and able, make decisions about potential living arrangements, like a nursing home or assisted living facility, hospice care, home health care, and other available care options, depending on your condition. Choose which options you prefer in various situations, and consider how you will pay for them.
- Your home. Your home may be easy for you to navigate and comfortable for you now, but think about how that may change when you get older. A big house with lots of stairs to climb may present a serious challenge if you have health or physical problems. Take stock of your living arrangements to see if safety modifications or remodeling can be done now to provide for your health at home later.
Protecting Your Partner
It's never too early to start thinking about how you're going to handle and pay for your care in old age, especially if you’re the primary breadwinner in your household. A debilitating illness such Alzheimer's disease or a serious stroke can quickly deplete your financial resources. Consider your health, and the health of your spouse, partner, or family members. Make preparations and provisions and develop a plan to deal with these issues in the event one of you becomes sick.
Although financial assistance for senior health care is available, it's best to begin planning well in advance. Programs like Medicaid have strict rules and regulations, and may not cover enough of your medical expenses for you to maintain a comfortable standard of living. Start looking at your financial options early and consult with legal and financial professionals to ensure that you and your family are cared for in your old age.
Figuring Out What You Need as You Age
When you’re ready to start planning, there are people who can assist you in making the necessary arrangements. An elder care attorney can advise you and your spouse or partner on legal issues and financial arrangements and draw up legal documents.
Also, consider having a geriatric medical assessment done. This process can give you a picture of your overall health. The earlier health problems are identified, the more input you’ll be able to have in your future care and the care of your family. Your health care team can help develop a plan to make sure your living arrangements are safe and will serve your needs in the years ahead. An assessment is an especially good idea if you are already experiencing some health problems or signs of dementia.
Although no one likes to think about getting old, putting a plan in place earlier rather than later can help you maintain the lifestyle you want to have as you enter your later years.
Thursday, February 21, 2013
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