Issued in the public interest’

In March 2017

Public circulation

 

‘IMPORTANCE OF ‘WILL WRITING’

a Duty of every person;

Remember death can visit any , any time – No Doctor can save you –

 

Moment you think of leaving anything to any – Do write – Delay Not Please !

You may miss the boat!! –

An Advice unsolicited!!!

 

(circulating for all, any can decide, promptly)

By professor Dr. Guru Balakrishnan

BA., Ph.D., LL.B.,  LL.M(Constitution & Contracts)

Advocate(Original Side) Bombay High Court,

Cell: 9769699018 : LL.27740069 (Kharghar) E.mail: rapidanalysts@gmail.com

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Member , Bombay Bar Association, High court (OS), Mumbai

 

In my 45 years of Legal experience of writing ‘Wills’, ‘Codicils’ for a lot of people who wanted to leave to some of their properties – both – ‘Immovables and Movables’, to their ‘near and dear’;

 

I have to share my advice to one and all – whatever it is worth.

 

In my ‘Testamentary practice’, besides others, I have the honor to say a few following words to every one –

 

Testamentary jurisdiction is an ‘Administrative Jurisdiction’ of the  ‘charter’ High Courts (in Original Jurisdiction), as also District Civil courts in districts;

 

In Charter High courts (Charter is given by the Queen of England), still we have the following High Courts falling under such Jurisdiction:

 

Bombay High Court;

Calcutta  High Court;

Madras High Court;

Allahabad High Court.

 

IN other High courts that are ‘not falling’ under Charter Jurisdiction scheme -there wii be ‘No Original side’, in all other High Courts – so, that work is done by City Civil courts, as also in District cvil Courts, administered by the chief judges of the city civil courts and chief judges of the District courts  under their ‘administrative jurisdiction’ relevant;

 

In fact , when the ‘chiefs’ ‘administer’ the testamentary jurisdiction, the ‘Will’ do get ‘Probated’ in the  following manner, every where, in India:

 

 

  • The ‘Will’  before allowing to be executed, the following formalties the ‘Wills’ do undergo:

 

 

-The ‘Executor’ (trustedman ofthe Will owner) administers  the Will; that ‘Will’ have to be ‘published’ in the prominent English and vernacular dailies, as ‘a public Notice’ that the ‘Will’ (his desire to distribute his assets whatever remains in tact at the time of his death after meeting his obsequies) of the person on his or properties are under ‘probation’ (assessment by the jurisdictional courts, before the relevant court), and complete address of the courts be provided,  in the said  ‘public notice’, – signed by the Advocate concerned, granting  ‘three weeks’ Notice’ to the claimants, if any, for honorable court dispensation per law;

 

 

  • If there are ‘claimants’ for the properties to the ‘Will originator’, they need to ‘lodge their relevant claims’ before the honorable Court, saying – ‘how they are holding rights,on the said ‘Willed Properties’?;

 

 

 

  • If the Honorable Court admits the  relevant ‘claim(s)’ then such claims be read into the ‘Willed properties’, accordingly and be distributed, per court dispensation, by the very same Executor, appropriately modifing the terms of the ‘Will’;
  • If there are either ‘No claimants’ or ‘Claimants’ are there but ‘disallowed’ by the honorable Court, naturally, the ‘Will’ contents have to be duly be disbursed , ‘per se’ the ‘Will’ only, (by due modifications of the terms in the Will, by the very Executor, ‘per law’- under Art 51A of the Part IVA of the Constitution of India (oblications as fundamental duties).

 

 

 

  • In the case of ‘ancestral properties’, there cannot be any Will as such is possible, but has to follow per se ‘ Indian rule of laws’, depending upon religion, based Succession Acts relevant – both Central and State amendments ruling on the date of disbursal have to be taken into effect  and be followed;

 

 

 

  • None can write any kind of ‘Will ‘ on ‘Intestate’ or ‘ancestral’ properties;(if written it is ‘Void ab initio’: Will is ‘non  est’ (not in existence) at all.
  • Tenency properties have to follow Tenancy Laws prevalent on the date of disbursal, as the ‘Tenancy’ being ‘Personal’, cannot be ‘willed’, by any ‘Will’ to any one else other than the very owner of the tenament in question;

 

 

 

  • ‘Will’ has to read out to the person (in his or language clearly,lest misunderstood, a condition precedent), who needs ‘Will’ be written; and that person ought to affix his or her signature, before two or three ‘witnesses’,  obviously, not related, in any way, to the signatory (Deponent), preferably;
  • Any one attempted to kill or do away the Will owner, cannot get his or her share from the very Will. even if the deponent testator ‘willed’ some property, to such a person – ‘beneficiary-felon’.

 

In fact , ‘Will writing lawyers’ being very small in number sometimes charge huge  or very huge ‘fees’ for writing the ‘Will’, that need not be paid, if the Bar council  has not allowed such huge fee, in fact every Bar council determines  and declares fees by a public circular, (if in doubt, please get in touch with the secretary of the Bar council of the relevant state in question ;

 

if you wish to pay ‘higher fees’ in volition, without complaints, then, you can  pay, there is No Bar as such, please.

 

In such cases, better avoid using such person’s services, after all, ‘Will writing service is a public Social Service to humans

 

If any lawyer, (Advocate) can take fees as per Bar council approved lists only, then you can use ‘such advocates’, without fear or favor;

 

I was usually ‘paid’ in volition, in the last several decades  for ‘writing’ Wills, a sum of Rs.1000.-(rupees One thousand only) (now it can be more, say, three times or so, of that amount, for information only pls. ).

 

This is issued for the benefit of the ‘Will’ proposers

 

sd/- Guru Balakrishnan

      Advocate(OS) -BHC

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