Comment on Advantages and disadvantages of Will by VINOD KUMAR SHARDS.
The most prevelant document for T.O.P. is will. but at the same time it is a document which is of no use. There can be registered or un-rgistered will. Getting a will to probate is another difficult task. Even if a will is probated then execution of will is also a herculions task. My question is there has to be two witnesses in a will, now will comes into operation only after the death of executor and in case both the witness dies before the probation of wil, then how the wil will be probated? If a person hold will in his name but he is not in physical possession of immovable property and at the same time do not have any documentary evidence that he ever was in physical possession of the willed property then what will be his status. The most important factor that in case of immovable property will must be accompanied with proper map of I.P.. In case testator of the will is illiterate and both the witness are illiterate then there will be thumb impression of testator and witnesses the probating the will become more difficult. In view of above stated difficulties it can not be vouched that will is a safe documents. The most important case for inheritance of I.P. through will is of Birla Group. where inherter of property was Sh.Lodha, C.A. of Birla. The most important question in that case was Lodha did not have any relation with Birla, the question raised in Cal H.C that will was got executed fraudulently and under influence. In the light of above case and circumstances please explain the sanctity of will
Recent Comments by VINOD KUMAR SHARDS
OA 83 of 2012 decision of AFT Chennai in Non-Pensioner Case
The Judgement of Supreme Court is defective. When Indian Navy had come out with circular/order dated 3rd July 1976 that Navy had discontinued keeping sailors in the Fleet Reserve then there was no need to mention in IN 271 “Not Drafted to Fleet Reserve as not Required” of the sailors retired after 3rd July 1976 by the Indian Navy. The appropriate notation should have been “Practice of keeping sailors in the Fleet Reserve discontinued with effect from 3rd July 1973”. When a practice is discontinued than requirement itself become redundant and when requirement become redundant due to operation of an order or circulare then no notation is required to be mentioned in IN 271 and mentioning “Not drafted to Fleet Reserve as not Required” is contradictory to the statement Practice of keeping sailors in the Fleet Reserve dicontinued with effect from 3rd July 1973. There fore this judgement is challangable
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parking problem and parking charges discussion or action
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