mindedifiers

Power and Corruption

2024-09-12T02:21:00.000-07:00

Lord Acton on 5 Apr1887 wrote to the Bishop Mandell Creighton about how historians should judge the abuse of power by past rulers, especially popes. In this letter he wrote that “Power tends to corrupt; absolute power corrupts absolutely”.

He argued that people in position of power, especially popes and monarchs should be held to a higher standard of judgment - because of - not in spite of- the tremendous power they have.

Acton’s observation is interpreted to imply that Power tends to corrupt and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority: still more when you superimpose the tendency or the certainty of corruption by authority. There is no worse heresy than that the office sanctifies the holder of it.

Myanmar’s Nobel laureate Aung San Su Kyi puts it in a different perspective by saying that “It is not power that corrupts but fear of losing power corrupts those who wield it and fear of the losing of power corrupts those who are subject to it.”

There are enough examples to show that people in power tend to abuse their power either to safeguard themselves or justify it in the name of welfare to public or masses. Basically this category of persons belongs to the ruling class or politicians. But there are also examples of people in power or hold over masses which they used it for the welfare of masses. These are the social reformers whose basic aim is to remove the aberrations in the society by mass movement.

It stands to logic that if power corrupts a person then lack of power should imply no corruption. But this is not what is observed. Research by Huisi Li indicates that it is most often those who lack power – rather than those who have it- that engages in corrupt practices maybe at a smaller level at compared to big corruption.

When a person exercises power over others then there is a tendency for the power holder to feel that others cannot control their behavior or are seen as less worthy and are less deserving of respect. Therefore, they are good prospects to be exploited.

It, therefore, stands to reason that if there are people who belong to either class of corrupt power holder or benevolent power holder then it can be argued that power does not corrupt people but it is something else. Power is just a tool to enhance your inner skill and what it does is to awaken one’s inner feeling, thoughts and believes. What it does is to bring to the public view your hidden face whether good or bad.

A person in power eventually tends to realize that power and wisdom are the same thing and as he possesses power he must also possess wisdom. If wisdom does not come along with power then it leads one to be corrupts and if power leads one to possess wisdom then it leads one to be benevolent. If he starts to believe that powers also implies that he has gained wisdom then in actuality he begins to lose his ability to distinguish between what is morally right and what is politically expedient and tends to lean towards corruption for the fear of losing importance and esteem which can propel him to promote self promotional lies.

Suicide Dilemma

2023-09-21T23:38:00.000-07:00

Suicide Dilemma

Suicide is an act by an individual to take his own life as he does not wish to live in this word due to a number of reasons. Suicide is treated as an offence under the Indian penal code section 309. It is probably the only offence in the IPC in which no action can be taken or punishment given to the person if he is successful, just because he is no longer alive, but if he fails or is saved then besides being treated as a criminal he is liable to be punished by the state and treated as a criminal. The trauma to the family and the stigma attached to the family and individual is given by the society as an added bonus. Section 309 of Indian Penal Code states that:-

“Whoever attempts to commit suicide and does any act towards the commission of such offence shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both.”

The dilemma at present lies in the treatment of suicide by the society and under the law. On one hand the government wants the citizens to live by guaranteeing the right to life under article 21 of the Constitution of India but if one does commit suicide then he gets sympathy and maybe in some cases respect by the society but in case he survives the attempt to suicide due to any reason then the governments tries to punish him for trying and even ostracizes him from the society. Even with the altered legal implications regarding suicide as given in section 115(1) of the Mental Healthcare Act 2017 the act remains highly stigmatized and misunderstood, meaning those who survive offer suffer ignominious lives.

At present as it stands only the state has a right to take lives whether on orders by court or in special circumstances or in case of waging war against another state and tries to control the lives of its citizens except guaranteeing some fundamental rights including right to life but prosecute its citizens when they wish to exercise their freedom to end their own lives and punishes them rather than trying to understand and make efforts to remove those circumstances or reasons as to why a person decides to end his life. The reasons could be varied from external, failure in life or job, internal pressures from family and their expectations, suffering from terminal disease or even mental illness. If a person takes live of another person then he is labeled as a murderer and if he takes his own life then he is treated as a coward and ostracized. Birth and death both subject are subject to state regulation and remain beyond individual control. Section 309 implies that only the state has the authority to legally take life and exert control over the body in other ways as well.

Section 309 of the Indian Penal code criminalizes the suicide and this is where the dilemma lies because Article 21 of the constitution of India guarantees the fundamental right to life. In its 42 nd report the law commission of India recommended the repeal of section 309 of IPC but the government did not accept this report. In 1978 the Janta government brought a bill to implement the recommendations and it was passed by Rajya Sabha but not by Lok Sabha as it was dissolved before passing the bill and the bill lapsed.

The Delhi High Court in its 1985 judgment dubbed the section as” An anchroronism unworthy of humane society like ours.” The Andhra high court in 1988 however upheld the provision. Bombay High Court in 1987 on the question of individual right declared section 309 of the IPC as unconstitutional. It said that the freedom of speech and expression includes freedom of not to speak and to remain silent, the freedom of association and movement likewise include the freedom not to join any association or not to move anywhere. If these observations are correct then logically it must follow that the right to life by article 21 will include the right not to live or not to be forced to live.

In 1996 a two Judge bench of the Supreme Court observed that “Any person abetting the commission of suicide by another is merely assisting in the enforcement of the fundamental rights under article 21.” But a five judge bench overruled he two judge bench in 1996 and declared section 309 as constitutional. The court also rejected the argument of Right to die and said that Right to Life is a natural right embodied in article 21 but suicide is an unnatural termination of extinction of life and therefore incompatible and inconsistent with right to life.

The Law commission’s report of 1997 recommended the retention of section 309. It took law commission another decade to recommend the repeal of section 309 of IPC in 2008 in its 210^th report. In December 2014 the government told the parliament that it has been decided to repeal IPC section 309. But this is yet to happen even though the new act on Mental Healthcare Act 2017 in its section 115(1) exempts suicide attempt survivors from the ambit of section 309 IPC presuming unless proven otherwise that they “Have severe Stress”.

Section 115(1) of the Mental Healthcare Act 2017 state that:-

“Notwithstanding anything contained in section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said code.”

The moot point is that, is it the individual who has a right over his life and body or it is the state. Certainly the data suggests that even in the diluted section 309, individuals retain some right to their bodies although the state claims ownership rather than an individual. The state under the fundamental rights in article 21 guarantees right to life and in various judgment the Supreme Court has reiterated that the right to life include right to enjoy it peacefully. Therefore, it stands to reason that it is the duty of state and society to safeguard the peaceful enjoyment of life without any tension, stress or any external or internal factors. The state has to create an environment, facilities, and conditions in the society so that an individual is free from stress to enjoy his life peacefully and does not end up taking his own life.

Woman, Widow & Will - A Real Life Story

2023-05-25T23:00:00.003-07:00

A young widow with no children was forced to leave her in-law’s house after death of her husband. She stayed with her parents, got professional qualification, a good job and finally was able to purchase a flat in her own name and some investments where she stayed with her parents. A story, which can happen in any family. After her sudden death while she was around 50, her parents claimed the property and investment as legal heirs. Here comes the twist that the in-laws also claimed the same and the court citing the Hindu succession Act 1956 ruled in favour of in-laws and even SC upheld this decision and her parents who had struggled, brought up their daughter were left with no flat and no investment just because the daughter had failed to make a will making her parent’s as beneficiary. This real story shhok the core of my heart but I was helpless as the daughter never made a will out of ignorance and besides some personal help I could do nothing.

During my various interactive sessions and presentation on will and related issues I am often told that it not necessary for the wife to make a will and the arguments given are too many. She does not own anything, her property of share will always come to husband or the husband has paid money for her flat or share, etc, etc. But these arguments only show the ignorance and lack of knowledge of succession and inheritance act, rules and procedure. In some cases it also involves the transfer of property act and the Income Tax Act.

Writing a will is a very personal decision but those who do write a will normally only write for themselves and avoid or do not make a will for wife. A will ensures that the assets are transferred to the desired beneficiary easily, efficiently and at the least cost. A will is governed by the Hindu succession act 1925 in case there is a will and in case of no will by the Hindu succession act 1956. In case of marriage under Special Marriage Act 1954 it is governed by the Indian Succession Act 1925 which also applies to Christians. Muslims are governed by Shariat Act. Word Hindu includes Sikh, Jain and Buddhist.

In case of death of a woman/widow without a will, then her inherited as well as her self acquired property will be divided between sons, daughters and husband in equal proportion. In her case the act (section 14) does not distinguish between inherited and self acquired property. Further two sections (section 15 and 16) lay down the successor and the order of succession. In case of no issue of the widow or woman (whether biological or adopted) then the property (Immovable and movable) will go to the parent’s of husband in case of widow or to the legal heirs of husband. In no case her property whether inherited or self acquired property will go to her parent’s or their legal heirs unless there is a will and beneficiaries specified. If the property is inherited from her husband or in laws then it devolves in the absence of a will to her husband’s heirs.

A daughter stands to inherit an equal share in her father’s or mother’s inherited or self acquired property in case of no will by them like other siblings. In this case she can will this property as per her wish or execute a relinquishment deed to relinquish her claim on this property. But in the absence of any of these then the property in her death will revert back to her parent’s or their legal heir’s and not to her husband or his legal heirs in case there are no sons or daughters.

So it appears that making a will for the wife is equally as important if not less than her husband’s will and such wills are called mirror wills

Woman's Property Rights

2023-05-23T21:47:00.001-07:00

A daughter stand to inherit an equal share as other siblings in her father or mother's property. In this case sheor her children are conidered as a copercaner in the ancestral property. A daughter has a right or can ask for maintenance or shelter in her parent's residence if she is widowed or divorced or dersrted. This is applcable only if the property has not been divided and she has not received her share.

She has absolute right over her property whether self acquired or inhertied and she can sell/ gift/dispers her porperty as she wishes through her will only. But in case of no will the Hindu sucession act 1925 will apply for inhertiance and succession and in case of Muslim the shariat act and for Christian the Indian succession act 1925. In cae of marriage under Special marriage act 1954 the Indian succession act will apply.

A daughter in law has no right over the property owned by her husband's parents whether ancestral or self acquired. She can acquire righs over such assets only through her husband's inhertitance/ share.

I case of death of husband of a muslim woman and if she is the only wife she will inhertied one fourth if there are no children and one eighth if there are children. If there are more tnah one wife then each wife inhertitance reduces to one eighth.

However in case of HUF there is a variation and she is eligible to shelter, support and maintenance from her husband and his family. In case of division of property between her husband and her children, she also gets equal share as her husband and her children. In case of husband's death she is ehtitled to an equal share of husband's assets divided between her, her children and his mother

Gifting Immovable Property to Children

2023-05-23T21:45:00.006-07:00

Recently in Chandigarh and earlier in Delhi & NCR there have been a number of cases were the parents gifted their hard earned only property to their children only to face haassment, mental torture, deprivation and in some cases getting thrown out of their own house. Sad and pathetic but true in some cases.

The gifting of immovale property which a person has made using his hard earned money to his/her children is an issue which depends on a host of factors, therfore, it is difficult to lay down a guideline but some general ways can be suggested to safeguard one's future. If the children need money due to any reason then by all means help them but within yor capability and without compromising your well being and do not expect any return or somre favor in return. A will can be changed any number of times but a gift is irrevocable and once made and accepted can not be changed, amended or revoked.

As a general rule do not gift your only hard earned property to your children but give it to them under a will which will be exceuted after your death. If you need money then one can always opt for reverse mortagae offered by banks to raise money for your comfort, well being and requirements. The bank wil give option to your children after your death whether they wish to get the property back after payment of mortagae loan or bank can sell it to recover dues.

If due to any reason whatsoever one has to gift his only property to his children then make sure that in the gift deed a clause is introdued that the deed will be null and void if the parents are ill treated, suffer harasment or deprivation at the hands of the peson to whom thy have gifted the property. This clause will help the tribunal headed by DM to revoke the gift deed and the property will revert back to parents and in some cases the children and their family have been ordered to leave thir parent's house. In other case if one is facing financial difficulty the recourse can be taken of Senior Citizen Protection act under which the DM can order the payment of montly allowance to the parents from their children or legal heirs and will make them responsile for their well being, medical needs, etc

Daughter's Claim on Ancestral property

2023-05-23T21:44:00.001-07:00

The Hindu Succession act 1956 which is part of the coded Hindu act is perhaps one of the most comprehensive and progressive act. It is constantly being improved to meet new challenges and changing scenario.

In 2005 it was amended and daughters were given equal rights in the propety the same as for sons. Later Supeme Court in a judgement made this application backdated to be read from 1956 onwards. As compared to Hindu law the muslim law grants the dauhter only half of the share that a son will get and the wife gets only one sixth share.

But there is a small rider to this amendement in section 6 with a cut off date, which is normally missed by most and in a recent three judge bench the Supreme Court clarified it again by reiterating it. It simply means that if the ancestral property was sold, morgaged or donated on or before 20 Dec 2004 then the daughter or her children can not raise a complaint regarding their share. After 20 Dec 2004 the daughter or her children have a right to share in the ancestral property as much as son.

Ancestral property contains property brelonging to three generations of father, grandfater and great grandfather but it does not contain the property earned by the father and there he has a right to dispose it through a will as he wishes and in the absence of a will as per the Hindu succession Act 1956. Hindu definition includes Sikh, Jain and Buddhist also.

TDS on Joint Property

2023-05-23T21:42:00.003-07:00

In a recent judgement by ITAT bench Jodhur, which applies to all joint properties and relates to the deuction of 1% of the sale consideration or market value which ever is higher as TDS and deposited with the IT department by the buyer ,if the sale consideration is 50 lacs or more. The bench held that in case of joint property if each individual gets less than 50 lacs then the TDS section does not apply and. TDS is not to be deducted by the buyer and deposited.

This is a very good observation and decision by the ITAT bench and will be of immense help to individuals where either buyer are more than one or sellers are more than one as is normally in case of joint or ancestral properties.

Precautions Hydrogen Sufide Leaks from Indutrial Drains

2023-05-23T21:39:00.001-07:00

The incident in Ludhiana where at present 11 people ae dead and many more are hospitalized due to Hydrogen Sulphide (H2S) poisoning which came out of the indutrial sewer drain should be an eye openers for us, especially for our sector of 21 and 25 in Jal Vayu Vihar, Noida. The industrial drain runs right next to our boudary wall of both sectors, which is being covered now.

Hydrogen Sulphde is a colorless, heavier than air, smells of rotten eggs, extemely toxic and flamable gas. As per report all the persons in Ludhiana within 50 meters of gas leak just coolapsed and died meaning the ppm level (parts per million) in the air of that area upto at least 50 meters from leak point was aboove 1000 ppm. 1% of the gas will amount to 10,000 ppm. If the concentration is 1 ppm then one can detect with smell , at 10 eye irritation starts, at 27 strong unpleasenrt odor. at 100 coughing, eye irritation start and loss of smell within 2 to 15 minutes, at 500 loss of consciouness , above 700 death may occur within 3 to 5 minutes and above 1500 ppm immediate death.

This gas effects one's olfactory nerves, lungs, eyes and brain. The immediate response in the affected area should be to put on the escape mask as normal mask will be of little help. Hold your breath and move upwind if release is downwind or move crosswind if release is upwind. and try to get away from the area. As it is heavier than air then climbing to a higher height in a high rise building may help. Do not try to help other but instead get away from the affected area and call emergency response. Exposure of 100 ppm are to be considerd as immediately dangerous to life and death. 100 pppm if converted to percentage will amount to0.0001% by volume.

Amazing Animals

2022-09-30T22:35:00.002-07:00

Humans are born with a gender. It is either male or female and in some cases as a transgender. But we do not have the choice/capability to change our gender as this capability the Mother Nature has not given us. Even though it is possible with surgery and medical procedure to change but the surgery is spread over a long period, expensive and only done on the advice of medical practitioners and psychologists in some cases only. The option is either/ or only.

Most of us have seen the famous blockbuster film the “Jurassic Park”. The picture is based on creation of an island, where the dinosaurs are hatched from eggs in the lab and then released on the island for the visitors to get a glimpse of them. In Jurassic Park all the dinosaurs are male so as to keep the population in check. But in the end we see the velociraptors population growing, due to breeding. We are also shown their nests and eggs. Finally the island had to be destroyed so that it does not become a threat to Human population. How many of us have wondered as to how this was possible that velociraptors were able to mate and have off springs even though only males were created in the lab? The answer lies in the beginning of the movie where in the auditorium the procedure of creation is revealed. The DNA of the vlociraptor had a broken link and this link was restored in the lab by using the link from the DNA of African Green Frog. This African green frog has an amazing ability given to it by nature that it has the capability to chnange its sex. If the population of frog consists of males, then some frogs change their sex to female. This process is called protogyny and occurs when a population is too heavily skewed towards male. Inadvertently the scientists at Jurassic Park gave this ability to the velociraptors due to a DNA link of African frog being given to the DNA chain of velociraptor and hence some changed over to female as the population was only of males and the result was the increase in their population.

Even though humans do not have this capability but a large number of animals have this capability besides African frog. Some of them are bisexual like copperhead snake which are capable of virgin birth as females fertilize their own eggs. Some butterflies have both the characteristics of male and female and this normally happens in one out of 10,000 cases. Hawkfish has an amazing ability that it starts off as a female that can morph into male if required when situation calls for it and again change back to female if required. Humped Wrasse can change over from female to male. Sea Bass found in USA can also change over female to male depending upon supply and demand. Clownfish born of one sex can change over to other if necessary. Male bearded dragons, green sea turtles, cardinal, Banana slys and common reed frog, etc all have these capabilities.

I do not know whether we humans were given this capability to change or not or if given we have lost it due to some reasons or our inability to exploit this amazing capability. In some cases of animals like sea, bearded dragons, etc this change can even occur at the time of birth and is strongly dependent upon sea and sand temperatures.

Rear Seat Belts in Cars

2022-09-06T22:45:00.004-07:00

The recent crash of a Mercedes car in which two persons sitting, in the rear seat died, who were not wearing seat belt, but the two persons sitting in front seat wearing seat belt survived with injuries and one may require surgery. This incident brings to highlight the requirement of wearing seat belt by all passengers. Wearing seat belt does not guarantee no injuries but may save one's life.

I have heard of excuses like, it is not required, which law or rule, it is cumbersome, it spoils clothes, it is a short journey and on and on but not a single reason given for wearing seat belts.

Central Motor Vehicle Rules (CMVR) makes it mandatory for passengers occupying front facing seats (whether front or rear) to wear seat belts. This is given in Chapter VI (Control of Traffic) rule 138, clause 3 (2) of the CMVR.

Therefore as per rules there is no ambiguity that all front facing passengers are to wear seat belts. The problem is the lack of awareness and will to follow the rules which is missing in our citizens.

In 2005 Govt of India had issued a notification making it mandatory for car manufacturers to provide seat belts not only in front seats but also in rear seats. During a drive in south Delhi as per information published about 150 challans were issued for not wearing rear seat belts in private cars and taxis in just two hours.

The issue is compounded when one puts seat cover in the vehicle and invariably if one is not careful the rear seat belts are buried in the seat cover.

Please make sure to wear seat belts in rear seats also in order to safeguard your life and ensure that seat covers do not cover seat belts in the rear..

Disposal Of National Flag

2022-08-15T22:56:00.002-07:00

With the Har Ghar Tiranga Movement the national flag will be displayed at a number of places, houses, carried, etc. . But If it is torn and disfigured and one wishes to dispose it off then please do not throw it in the dust bin, garbage or throw it on a public place or roadside. It is a disrespect to the national flag and offence to do so. There is a proper way to dispose of the national flag and is given in the Flag Code 2002. Please fold it properly by folding the bottom green first and then the orange and finally both sides so that the national emblem the Ashok Chakra is on top. One can keep it in safe place to be used on next occasion. But if it torn and disfigured or one wishes to dispose it then please follow the proper way to dispose it off by giving it the respect it deserves.

There are two ways to dispose it off.

Firstly it has to be folded properly and then put in a wooden box and then buried in the ground and after burial keep a minute silence in respect of national flag.

Secondly one can burn the flag by folding it properly and then placing it in the center of the funeral pyre and finally burning it.

Please follow the correct procedure and show the respect which the national flag deserves.

Nationality and Citizenship

2022-07-31T23:14:00.000-07:00

While talking one of my Indian born American citizen friend he casually mentioned that now he is an American national and citizen also. I decided to ask a number of friends and realized that most of us are confused between nationality and citizenship and think both are synonymous terms. Whereas both are different terms with different unique meaning and different concepts.

Nationality refers to a person's place of birth or in which country he was born. It confers some privileges and responsibilities and the country ensures the safety of its people. Whereas citizenship is when the person meets all the legal requirements of the country and the country then gives him the citizenship. For an individual both may or may not be same. When a person becomes a citizen of a country he or she gets aright to work, vote ,dwell and participate in national events.

Nationality can not be changed and a person can be national of one country only whereas citizenship can be changed and a person can become a citizen of more than one country. A nationality by virtue of its nature can not be reversed whereas a citizenship can be reversed or even changed. Nationality can be obtained by birth or by inheritance whereas citizenship can be obtained by birth, inheritance, naturalization, marriage, etc. Nationality is an ethical and racial concept while citizenship is a legal or judicial concept and a political status. Some countries do permit dual citizenship but India does not and one has to renounce his Indian citizenship when he or she accepts the citizenship of another country.

Earth and Goldilocks

2022-07-14T09:21:00.003-07:00

In my childhood I read the story of goldilocks and three bears. Where a small girl enters a cottage owned by three bears and finds three bowls of porridge. One is too hot and the other is too cold but the third one is just right. She finds three beds where one is too big and the other too small but the third bed is just right.

I was surprised to read an article by an astrobiologist where they described Earth as a Goliddlock planet in the Goldilock zone. In astrobiology, the goldilocks principle applies to a range of distance that a planets orbit can be from the star and maintain the temperature that are just right for liquid water.

The Goldilock zone or habitable zone is the range of distance with the right temperature for water to remain liquid and the planets that fall within this zone are called Goldilock planets. There are 1780 confirmed planets beyond our solar system and as many as 16 are located within their star’s habitable zone. Goldilock zone is determined by astronomers to be between 0.95 AU to 1.67 AU where AU is the astronomical unit which is the average distance between the earth and sun and Earth falls nearly within the range at 1 AU..

Even if the planet is habitable it does not mean that it is inhabited. It depends on a lot of other factors like atmospheric pressure, composition, gravity, etc, to make it a habitable planet. Moon is in habitable zone but too small and gravity low so that there is no atmosphere and hence not inhabited.

A recently detected planet 493 light years away from earth Kepler-186f is close to earth’s size and is located in its solar system’s habitable zone. This is the first planet which is just right to be inhabited. But this has a basic assumption that liquid water and atmosphere is need for a planet to be inhabited but what if there are species which can tolerate and grow in different atmospheric conditions and different range of temperature and gravity. Only time will tell.

Apostille

2022-07-08T09:05:00.001-07:00

In India where ever copy of document is required to be submitted to any department then it requires to be authenticated or attested. Now most of the attestation is self attested except in few cases it requires to be attested by certain named official/ persons.

When we are required to submit a document out of the country then such attestation is not accepted but documents are required to be apostilled. Apostille is a french word meaning certification.117 countries are a signatory to the UN Hauge convention of 1961 which mandates that all member countries will accept the document if they are apostilled. India, USA, UK etc are signatory to this convention. Each country does its own certification and in India it is done by MEA or its regional centers with online application. A few private agencies also get it done on commission basis.One needs to log in to E-sanad website of Govt and apply. After that original are checked and apostille done by MEA by internationally accepted serially number stamps. Once done it is accepted as authentic by all member countries. For non member countries normal attestation is done by MEA. An apostilled document is treated as a legalized document for all practical purposes.

Apostille authenticates the seals, signature of official on public documents, the capacity in which the person signing the document acted and the stamp.

Same procedure applies to documents of other countries to be accepted in India to be done by respective country.

Please do get your documents/ certificates/ court orders, etc apostilled before taking them abroad or submitting them for any purpose whatsoever.

Indian Traditions and Science Behind it

2022-07-08T09:04:00.000-07:00

Traditions in Hinduism were considered mainly as superstitions, but with the advent of science, it is becoming evident that these traditions are based on some scientific knowledge and moved from generations to generations as traditions. Though the common people did not know science in it, they were following it very faithfully over the years. This blog is an attempt to bring forward the science involved in these traditions and rituals...

1. Throwing Coins into a River: The general reasoning given for this act is that it brings Good Luck. However, scientifically speaking, in the ancient times, most of the currency used was made of copper unlike the stainless steel coins of today. Copper is a vital metal very useful to the human body. Throwing coins in the river was one way our fore-fathers ensured we intake sufficient copper as part of the water as rivers were the only source of drinking water. Making it a custom ensured that all of us follow the practice.

2. Joining Both Palms together to Greet: In Hindu culture, people greet each other by joining their palms - termed as “Namaskar.” The general reason behind this tradition is that greeting by joining both the palms means respect. However, scientifically speaking, joining both hands ensures joining the tips of all the fingers together; which are denoted to the pressure points of eyes, ears, and mind. Pressing them together is said to activate the pressure points which helps us remember that person for a long time. And, no germs since we don’t make any physical contact!

3. Why do Indian Women wear Toe Ring: Wearing toe rings is not just the significance of married women but there is science behind it. Normally toe rings are worn on the second toe. A particular nerve from the second toe connects the uterus and passes to heart. Wearing toe ring on this finger strengthens the uterus. It will keep it healthy by regulating the blood flow to it and menstrual cycle will be regularized. As Silver is a good conductor, it also absorbs polar energies from the earth and passes it to the body.

4. Applying Tilak on the Forehead: On the forehead, between the two eyebrows, is a spot that is considered as a major nerve point in human body since ancient times. The Tilak is believed to prevent the loss of "energy", the red 'kumkum' between the eyebrows is said to retain energy in the human body and control the various levels of concentration. While applying kumkum the points on the mid-brow region and Adnya-chakra are automatically pressed. This also facilitates the blood supply to the face muscles.

5. Why do Temples have Bells: People who are visiting the temple should and will Ring the bell before entering the inner sanctum (Garbhagudi or Garbha Gruha or womb-chamber) where the main idol is placed. According to Agama Sastra, the bell is used to give sound for keeping evil forces away and the ring of the bell is pleasant to God. However, the scientific reason behind bells is that their ring clears our mind and helps us stay sharp and keep our full concentration on devotional purpose. These bells are made in such a way that when they produce a sound it creates a unity in the Left and Right parts of our brains. The moment we ring the bell, it produces a sharp and enduring sound which lasts for minimum of 7 seconds in echo mode. The duration of echo is good enough to activate all the seven healing centres in our body. This results in emptying our brain from all negative thoughts.

6. Why do we have Navratras: Our living style has drastically changed if we compare it to the society hundreds & thousands of years ago. The traditions which we follow in present are not establishments of today but of the past. Ever thought, why do we have Navratras twice a year unlike other festivals like Deepawali or Holi? Well, both these months are the months of changing seasons and the eating habits of both the seasons are quite different from each other. Navratras give enough time to the body to adjust and prepare itself for to the changing season. These nine days were marked as a period when people would clean their body system by keeping fasts by avoiding excessive salt and sugar, meditate, gain a lot of positive energy, gain a lot of self confidence & increase the self determination power (fasts are a medium to improve our will power and self determination) and finally get ready for the challenges of the changed season.

7. Why do we worship Tulsi Plant: Hindu religion has bestowed ‘Tulsi’, with the status of mother. Also known as ‘Sacred or Holy Basil’, Tulsi, has been recognized as a religious and spiritual devout in many parts of the world. The vedic sages knew the benefits of Tulsi and that is why they personified it as a Goddess and gave a clear message to the entire community that it needs to be taken care of by the people, literate or illiterate. We try to protect it because it is like Sanjeevani for the mankind. Tulsi has great medicinal properties. It is a remarkable antibiotic. Taking Tulsi everyday in tea or otherwise increases immunity and help the drinker prevent diseases, stabilize his or her health condition, balance his or her body system and most important of all, prolong his or her life. Keeping Tulsi plant at home prevents insects and mosquitoes from entering the house. It is said that snakes do not dare to go near a Tulsi plant. Maybe that is why ancient people would grow lots of Tulsi near their houses.

8. Why do we worship Peepal Tree: ‘Peepal’ tree is almost useless for an ordinary person, except for its shadow. ‘Peepal’ does not a have a delicious fruit, its wood is not strong enough for any purpose then why should a common villager or person worship it or even care for it? Our ancestors knew that ‘Peepal’ is one of the very few trees (or probably the only tree) which produces oxygen even at night. So in order to save this tree because of its unique property they related it to God/religion.

9. Start with Spice & End with Sweet: Our ancestors have stressed on the fact that our meals should be started off with something spicy and sweet dishes should be taken towards the end. The significance of this eating practice is that while spicy things activate the digestive juices and acids and ensure that the digestion process goes on smoothly and efficiently, sweets or carbohydrates pulls down the digestive process. Hence, sweets were always recommended to be taken as a last item.

10. Choti on the Male Head: Sushrut rishi, the foremost surgeon of Ayurveda, describes the master sensitive spot on the head as Adhipati Marma, where there is a nexus of all nerves. The shikha protects this spot. Below, in the brain, occurs the Brahmarandhra, where the sushumnã (nerve) arrives from the lower part of the body. In Yog, Brahmarandhra is the highest, seventh chakra, with the thousand-petalled lotus. It is the centre of wisdom. The knotted shikhã helps boost this centre and conserve its subtle energy known as ojas.

11. Applying Mehendi/Henna on the Hand: Besides lending color to the hands, mehndi is a very powerful medicinal herb. Weddings are stressful, and often, the stress causes headaches and fevers. As the wedding day approaches, the excitement mixed with nervous anticipation can take its toll on the bride and groom. Application of mehndi can prevent too much stress because it cools the body and keeps the nerves from becoming tense. This is the reason why mehndi is applied on the hands and feet, which house nerve endings in the body.

12. Celebration & Cleaning During Diwali: Diwali usually falls in October or November which marks the start of winter season and end of rainy season. Rainy season wasn't a good time for everyone back then; many homes needed repair and renovation after a heavy fall. That is why time before diwali was considered the period during which everyone can indulge in cleaning and beautification of their home. And also take out their winter clothes and pack the summer ones.

13. Sitting on the Floor & Eating: This tradition is not just about sitting on floor and eating, it is regarding sitting in the “Sukhasan” position and then eating. Sukhasan is the position we normally use for Yoga asanas. Sitting in this position while eating helps in improving digestion as the circulatory system can focus solely upon digestion and not on our legs dangling from a chair or supporting us while we are standing.

14. Why not to sleep with Your Head towards North: Myth is that it invites ghost or death but science says that it is because human body has its own magnetic field (Also known as hearts magnetic field, because the flow of blood) and Earth is a giant magnet. When we sleep with head towards north, our body's magnetic field become completely asymmetrical to the Earth's Magnetic field. That cause problems related to blood pressure and our heart needs to work harder in order to overcome this".

Citizenship Dillema

2022-07-08T09:01:00.000-07:00

The other day somebody asked me whether I am a citizen of India. My answer was yes but I kept thinking that how am I going to prove that I am citizen on India as I do not have a certificate of citizenship of India but I do have a variety of documents which give my date and place of birth in India and in some my nationality is listed as Indian.

I have a valid passport, Aadhar card, PAN card, voter I -card, retired Air Force I- card, my Ex-servicemen I-card, revenue receipts and land/house documents and a pension account in a PSU bank but these are not proof of my citizen ship. Various Supreme Court judgements and High Court judgement have ruled that passport, voter I card, PAN Card, Aadhar card, revenue receipts and even a bank account including the retired Air Force identity card are not proof of my citizenship. Well I could not think of anything beyond them and here lies my dilemma.

Looking at article 5 of the Constitution of India which says that a person is citizen of India if at the time of commencement of Constitution had his domicile in India and was born in the territory of India or at the time of commencement of Constitution of India had his domicile in the territory of India and either of his parents were born in the territory of India or at the commencement of constitution f India the person had his domicile within the territory of India for not less than 5 years immediately preceding the commencement, , shall be citizen of India. No citizenship certificate is issued to a person born in India.

The Citizenship Act 1955 in section 3 lays down condition for claiming citizen by birth after the commencement of Constitution. It says that every person born in India on or after 26 Jan 1950, that is the commencement of Constitution, but before 1 Jul 1987 shall be citizen of India, if born after 1 Jul1987 but before the commencement of citizenship (amendment )act 2003 and either of whose parents is a citizen of India at the time of his birth , if born after the commencement of citizenship(Amendment) act 2003 then either both of his parents are citizen of India or one of the parent is citizen of India and the other is not an illegal immigrant at the time of birth, shall be citizen of India.

It looks simple but the proof of being born in India as accepted is the birth certificate issued by the government under Registration of Birth and death Act 1969 or a birth certificate issued by the municipal authorities. Now most of senior citizen born before 1 Jul 87 may not have such a birth certificate and this will create a problem. Getting birth certificate for parents will be more troublesome as most of births used to take place at home or not registered. Even I cannot produce my birth certificate or of my parents issued by the state or municipal authorities. Most of us have used the date of birth as given in high school certificates or equivalent examination and this is what has been used in all other document including entry to Air Force or passport.

Even now as per official records in 2015-2016 only about 63% of children under the age of 5 had their birth registered. This figure now has improved considerably but a large number of births in rural area which do not take place in a hospital, health center or by Asha workers do not get reported. Of course in later stage some date of birth is entered in some document but still the birth remains unregistered thus complicating the citizenship dilemma.

In USA and most of the countries the valid passport is accepted as a proof of citizenship and in other countries India passport is accepted as a proof of Indian citizenship except in India itself.

Does it mean that I cannot prove to the satisfaction of court or authorities that I am a citizen of India. It would appear so. That is the reason India need to have a certificate or a document issued to Indian citizen that they are citizen of this country. National Register of Citizenship could be a step in this direction but the problem will become acute if other documents where date of birth is mentioned is not accepted and only birth certificate is insisted upon.

Rights Under Consumer Protection Act 2019

2022-05-20T21:48:00.001-07:00

The new consumer protection act 2019 has become more consumers friendly with powers to the consumer court not only to give compensation but also award punishment with jail term up to 5 years. The complaints now can be filed anywhere irrespective of where the cause of action took place and can be filed online. Recently a company, the seller of its product as well as the celebrity endorsing it were fined for misleading advertisement and false claim. The president, secretary and security agency of a gated society were fined for a case of dog bite in the lift. In one of my personal case the car company was fined, harassment value given as well as lawyer’s fee for not providing the alloy spare wheel as promised and advertised. In Mohali a woman was sent to 6 months jail after her pet dog bites a neighbor. A large number of big companies like whirlpool, Rebbok , Godrej consumer, HDFC bank, Insurance companies, Car manufacturers, Consumer goods manufacturers , service provider, restaurant association ,etc have been fined and even penalized for deficiency in service or false claims/advertisements. The act allows cases to be filed against corporate bodies, medical services provided not given free, supermarket charging for carry bags, builder buyer agreement, food products, refund of extra fee by schools, deficiency in service, false claim and false advertisement, overhead charges,etc.

One has certain legal rights under the act.

1. Right to Safety

The right to be protected against the marketing of goods and services, which are hazardous to life and property.

2. Right to be informed

The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices.

3. Right to Choose

The right to be assured, wherever possible, access to a variety of goods and services at competitive prices.

4. Right to be heard

The right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate fora.

5. Right to Redressal

The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers..

6. Right to Consumer Education

Before filing a complaint in consumer forum one can also approach the ministry of consumer affairs and lodge a complaint there for redressal. These complaints are handled by concerned and nodal officers in the ministry and the resolution is time bound. One can take the help of consumer help line numbers 1800114000,14404 or 1915 or log into www.consumerhelpline.gov.in or through UMANG App also.

Please do not let the manufacturers, service providers, builders, etc take you for a ride but approach the ministry of consumer forum for redressal of your grievances.

consumerhelpline.gov.in

INGRAM | Integrated Grievance Redressal Mechanism

Government of India Department of Consumer Affairs Ministry of Consumer Affairs, Food & Public Distribution National Consumer Helpline (NCH)

Birth on high Sea or in an Aircraft

2022-04-18T09:15:00.000-07:00

he other day after reading and talking to me on my article on citizenship, where said I can not legally prove that I am an Indian citizen, one of my dear friend had an unusual query. He asked me a theoretical question as to which country a child of Indian parents will belong to if the birth takes place in an aircraft while flying or on a ship in high seas or in the consulate while waiting for her visa interview or present in a function.

If the birth takes place in an aircraft or on a ship then the child will be the citizen of the country by birth where the aircraft or ship is registered and if information is provided to the central govt or by the consulate or personally then he will acquire the dual citizenship of India also. This will continue till he become major or attains the age of 18 years where he will have to renounce one citizenship within six months of his becoming major. In case of birth within the consulate premises then also the same condition as above will apply to the child.

But how does on proves that he is an Indian Citizen.Well there are a host of identity cards, documents like Aadhar card, Voter' I card,Passport , bank accounts, property papers but these do not prove that I am an Indian Citizen but as per various judgements of high courts and also Supreme courts these are merely proof of identity or at best in case of passport a proof of nationality accepted outside India but not proof of citizenship. AS per the citizenship act which ha been amended at least four times but what has remained common is that the accepted proof of citizenship is the birth certificate issued by the registrar of birth and death. So what happens in case of oldies like me who are born before 1968 ,that is before the registration of birth and death act came into being. So far for all practical purposes my school leaving certificate or high school or higher secondary certificate where date of birth is mentioned was accepted but as per courts this is not a primary evidence but needs to corroborated with the gazattee notification. The same apples for all birth certificates issued by other government agencies.

Hit And Run-Road Accident

2022-03-19T10:02:00.004-07:00

Government has recently notified enhanced compensation to be paid to victims which will be effective from 1 Apr 2022. The procedure has been simplified , made time bound and to be done at a local taluk level by submission of a half a page of application in the given format to the tehsildar or SDM. Fund has been created which will cater to this requirement. The payment authority is the DM.

The application is to be given to local tehsildar or SDM called the enquiry officer who will also obtain the copy of FIR from police and decide the case within 15 days and give to the DM for payment. If claim is rejected then intimation and reason will be communicated.

The amount in hit and run cases will be Rs.50000/= for grievously hurt and Rs. 2 lacs for death. In case the vehicle or owner is traced then the amount will be Rs 2 lacs for grievously injured and Rs.5 lacs for death to be paid by insurance company but with a condition that one can not approach the MACT for enhanced compensation later. Free treatment if given at hospital will be deducted and paid to hospital directly.

Right Question or Right Answer

2022-03-19T10:01:00.004-07:00

While I was discussing Business Ethics in my management class one of the bright student asked me a question

" What is more important asking the right question or giving the right answer?"

This was quite sometime back and at that time the only answer I could logically think was this is like asking which is more important the chicken or the egg. But instead of answering I just gave the issue back and asked the student to decide which is more important.

If one asks the wrong question then even if you give the wrong answer then still the answer is wrong as the question was wrong and if one gives the right answer to a wrong question then still it would be wrong because the question was wrong.

But if one asks the right question then the answer can be wrong or right hence there is still a 50% probability that one would get the right answer. So decide for yourself as to what type of question one wishes to ask.

But in the modern age of social media where news travels faster than light I would tend to somewhat agree with Vinod Sujanji that even if you know the correct answer to a right question then one should deliberately give a wrong answer because then there will be hundreds of people who will point out your mistake and correct you and reaffirm your faith in your correct answer. Wrong gets more answers than the correct answer. So the end remains the same that ask the right question even though both are two sides of the same coin and one can not logically answer as to what is more important the chicken or the egg.

Drink Etiquettes

2021-10-29T08:53:00.000-07:00

This incident took place a couple of years ago but i was reminded about again when i visited my friend who was enjoying his daily evening drink.

After a long interactive session which ended late in the evening I was invited to some drinks and later dinner. Being a non drinker I was enjoying my cool fruit juice which as usual I was holding it in my left hand when the organizer brought over two senior managerial staff from a reputed company to talk to me who as usual were holding drinks in their right hand. In my experience this holding drinks in right hand is a norm in most of the parties/functions. While being introduced I offered my hand for a hand shake but strangely the other person first shifted his glass from right to left hand and offered me his damp hand. It was embarrassing for me to take the damp hand but reluctantly I took it and later used my hankie to dry my hand.The other person on seeing this first dried his hand using his hankie and then offered me his hand all the while I was waiting for him. Of course I lost all interest in the conversation with them and they left a poor impression on me..

This incident showed that most of us probably do not know that you neither give a damp hand nor wipe your hand while the other person is holding his hand out for you. We are also not aware of the correct etiquette of shaking hands.The correct etiquette is to hold your drink in your left hand so that you right hand is always free, dry and clean to offer and shake hands with others. But probably we learned the art of drinking but did not learn the art of holding glass properly .

Herd Behaviour

2021-10-29T08:51:00.001-07:00

After a long time I received a wedding invitation card, beautifully designed and very appealing. In fact the card struck me as a unique one. In the end of the card on the left hand side it was written RSVP with a name and mobile number.

Nowadays almost all cards whether wedding or birthday or any celebration have this RSVP written. We also use it in our invitations but I do not know how many of us know that in English language there is no abbreviation as RSVP or it has no full English version.

In fact it is short form of a French phrase "Repondz S'il Vous Plait". Meaning reply please . It is therefore expected that the person receiving the invitation will inform the person whether he is attending the function or not and also his meal choice and number of persons.This will help the organizer to plan the function in a better and more organized way. If after accepting the invitation one has a change of plan then again it is expected that you intimate the person.

But this part of the invitation is mostly or almost never followed but the RSVP continues to be printed even by those who never adhered to it in the first place without knowing or understanding its meaning. Typical of herd behaviour.

Erasing Old Memories from Digital Medaia

2021-08-30T21:36:00.000-07:00

Can one erase information, opinions, intentions, instructions or any other personal information posted in social media so that a third party cannot track or use it.? Well at present it is not possible except by an order from the court but if the bill pending in the parliament since 2019 gets passed and becomes the law then it would be possible to do with certain riders, such as the data has served its purpose for which it was collected. There are number of cases in public domain where a person has suffered financially or in employment or in public life even after being acquitted by the court or after the information has lost its relevance. At present any information in digital form in public domain or otherwise is like an arrow shot from a bow which cannot be recalled or destroyed and put back in the quiver. It is also imperative that the right to privacy should not be allowed to override public interest hence the right to erase the information available in public domain needs to be balanced with the information that is required in public interest

Supreme Court in their judgement, in the case of Justice Puttuswamy and another V/S Union Of India in 2014 (WP number494 of 2012), given by the nine judge bench declared that right to privacy is a fundamental right under article 21 of the constitution of India. A five judge bench on 26 Sep2018 while delivering its final judgement in the above case impressed upon the government to bring about a robust data protection regime. The Personal Data Protection Bill (PDPB) of 2019 is a step in this direction.

The bill, as given in preamble, aims to provide the protection of the privacy of individual relating to their personal data and aims to specify the flow and usage of personal data, create a relationship of trust between persons and entities processing the data, protect the rights of individual whose personal data are processed, to create a framework of organizational and technical measures in processing of data, laying down norms for social media intermediaries, cross border transfer accountability of entities processing the data, remedies for unauthorized and harmful processing and to establish the data protection authority of India for the same purpose and for matters connected there with or incidental thereto.

The act will apply to a host of agencies where the data has been or is being collected, disclosed, shared or otherwise processed within the territory of India. This will include state, company, body of persons or the entities not present in India which process these data. It will also lay down that no personal data shall be processed by any person except for clear, specific and lawful purpose and it shall be collected only to the extent that is necessary. No personal data shall be processed without the consent and the burden of proof of that consent will be that of the entity. The person to whom the data belong shall have the right to restrict or prevent the continuing disclosure of his personal data by an entity under certain conditions.

The critical personal data shall be processed in India .If any person has suffered harm as a result of any violation of any provision under this act or rules or regulation made there under by any entity then the aggrieved person will have a right to seek compensation form the entity. The offense under this act shall be cognizable and non bailable. A complaint can be made to the adjudicating officer under the act. There is a provision that in case it is committed by a company then every person who at that time was responsible to the company for the conduct of business of the company as well as the company shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly. Harm as defined under the act has a very wide meaning and includes besides bodily or mental injury, financial or loss of identity, humiliation, loss of employment, any discriminatory treatment , subject to blackmail and extortion, denial or withdrawal of service, benefit or good, any restriction placed or suffered directly on speech or movement or placed under surveillance . Under this act the word data has also a wide meaning and includes besides personal data any representation of information, facts, and concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human or by automated mans.

Inter Faith Marriages

2021-08-12T08:59:00.001-07:00

Inter Faith Marriages-Some Issues

AS per an Independent non religious organization there are about 4300 religions in the world in practice. Out of these five religions together are practiced by about 75% of the population and 20 religions combined together cover about 93% of the population. As per law the Hindu religion also includes Sikhs, Jains and Buddhist. In India Buddhism is legally not considered a spate religion as it originated from India but outside India it is regarded as a separate religion.

Now every religion other the Hindu and Bahai expect that the marriage is between two persons belonging to the same religion and the marriage is considered valid or legal only if both the persons belong to the same religion or conversion takes place if it is between two persons belonging to different faith. In India the Christian marriage is governed by Indian Christian marriage Act 1872 and the Muslim marriage under the Shariat Act. In both the religions the marriage is to be performed only between persons belonging to same religion otherwise it is illegal unless before marriage conversion takes place. Muslim law prohibits marriage between Kitabia( Those who believe in divine book)and a non kitabia (This includes idol, fire or sun worshipers) but a Muslim can marry a Christian or a Jew.

As per the personal laws of other religions once you go through the marriage ceremony as prescribed in their law then it implies that one has accepted the religion as his religion, whether knowingly or unknowingly, and the marriage ceremony is between two persons belonging to the same faith. Therefore, by undergoing Nikah or a church marriage means that one has converted to that faith. In India by law it is the first marriage ceremony which is given legal acceptance and recognition, other ceremonies or marriage rituals as per other religion after that are only considered ceremonial.

Once you convert from being a Hindu to any other religion then the Hindu succession, Inheritance, Adoption and other Hindu related laws do not apply to you and you are legally debarred for any share in your parent’s or ancestral property but will be governed by the personal law of that religion. If you married first under the religious rituals of a particular religion then the personal law of that religion will apply to you unless you first married under the Special Marriage Act 1954 and then as per your other spouse’s religious practices. In this case both will be governed by Indian Succession Act and not as per the personal law of each other’s religion in respect of marriage, divorce, succession, adoption, etc. Even after conversion you may still like to retain your old name and other related documents but your religion will be that to which you converted whether knowingly or unknowingly. To avoid this dilemma it would be better if after changing religion one take a gazette notification for the public to know that you have changed your faith.

Hindu marriage act contains no such clause of debarring marriage between persons belonging to different faith and persons belonging to different faith can legally marry as long as the main ceremony of sath phere or saptpadi or similar ceremony is performed as per Supreme Court judgement. It is possible that some priests may refuse to perform the marriage. But again as per the personal and marriage laws of other religions except Hindu and Bahai the marriage is illegal. Hence it is very much likely that the girl or boy may face issues connected to their faith and even may be refused funeral rights as per their religion and may lose connection with their family and community. But it all depends on the individual and families. Allahabad and Tamilnadu high court have held that marriage is void or illegal if the conversion was for the sake of marriage only. They have observed that there is no need for conversion as the marriage between two persons belonging to different faith can easily take place under the Special Marriage Act 1954 and conversion for the sake of marriage is not required. But however if a person wants to convert to Hindu faith then no ceremony is required as per Supreme Court and only a declaration by the person that he is a Hindu and follows Hindu practices is sufficient. Even if a person wishes to convert from any faith to another faith then it is his right to do so by following the practices of conversion to that faith. If one coverts to another religion then it would be better to take out a gazette notification that one has changed his religion and now his religion and name will be such and such.

Therefore in the end the conclusion is clear and is also opinion by various courts that in case of inter faith marriage the best option is the marriage to be performed under Indian Special Marriage Act 1954.also referred to as court marriage first and later as per the individual’s religious practices if required as a social obligation.

Will-Facts, Myths & Mistakes

2021-08-06T22:40:00.003-07:00

Will- Facts, Myths, Mistakes

Will is an expression of Intent or wish of a person. It is defined as “A legal declaration of the intention of the testator with respect to his property which he desires to be carried out after his death”. Wish can be expressed orally or in writing, whether registered or not. The document can be private or public. A letter written or a spoken word is a private document. To make it public document, it has to be brought to the notice of the world either by publishing or speaking in public or announcing in public or it should be a registered document so that it becomes a public document.

A document ha two important aspect (i) legal and (ii) execution. A document may be legally right that is it conforms to all the rules laid down at that time it was spoken or written but it is on executable meaning it cannot be executed. It is possible that the document is executable but does not conform to the laws of the land. A will, therefore, has to conform to both these aspects that it is not only legally correct but is also executable.

A will is written while the person is alive and is in full senses, stable mind. It can be operational during his life time and such a will is called a living will or advance declaration and is operational as long as the person is alive and becomes null and void once he is dead. The other type of will is the one with which we are normally familiar and this is also written during his life time but becomes operational only after his death and deals with how his assets are to be divided or given out to his heirs or to any other person including a Hindu deity, a company, a corporation, a trust or to any individual.

A spoken will is a legally correct will but it may fail in the execution as it will require to be proved in the court along with witnesses and evidence that it is so. Therefore, it is of little value in present day scenario. You may write your wish on a piece of paper and also sign it. This is again a legal will but will have to be proved in a court of law of its validity with witnesses and evidence. A will can be written and attested by two witnesses, who can testify that the will was signed by the person in their presence. This is a proper legal will and is referred to as an unregistered will. If it is registered with the office of registrar in the presence of two witnesses after following the due process then it is registered document and referred to as registered will. The original will along with the details and signature of the authority is returned back to the person and a copy is kept in the record along with the computerized version. A certified copy of this document can be obtained after paying the fee. A court will take notice of any such document or its certified copy and this document requires no further proof.

As per section 5 of the Indian Succession Act 1925, any person who is 21 years or more of age, a Hindu, Sikh, Buddhist, Jain, Parsi or a Christian can make a will provided he not a lunatic, minor, insolvent or a person who has been debarred from making the will can make a will. This type of will is called an unprivileged will. A person who is serving in Armed Forces can make a will if he is above 18 years of age and this will is called a privileged will and functions as long as the person is serving in the Armed Forces under war like conditions. This type of will also does not require attestation by two witnesses. A will is governed by section 63 Of the Indian Succession Act 1925. A legatee can be individual, corporate, trust, Hindu Deity but a minor can be a legate only if a guardian is appointed. A minimum of two witnesses are required to attest the will and the witnesses should be of sound mind, major and should not be a beneficiary in the will. An executor can be named in the will whose job will be to execute the will. This executor can be anybody even a beneficiary in the will.

A will can be of various types. It can be a simple, complicated, and joint or a conditional will. A simple will is the one where a person writes that after his death all his assets are to be given to his wife or to a single other person. This will has a problem that in case of death of wife or other person, the will cannot be executed as the person is no longer alive and a fresh will needs to be written again or the assets will be divided as per the personal law applicable to him.. In a complicated will the person divides his assets in a certain proportion to two or more persons, like, between his wife and children. This has the advantage over a simple will that in case of death of one person the assets will be divided among the surviving members and may not become non executable at all. A joint will is one where husband and wife jointly write their will and assign how the assets are to be divided among other and in what proportion. The only disadvantage is that if the will is to be changed or a codicil to be written then it will again require both the signatures. A conditional will scores above all this by putting certain conditions and listing out how the assets are to be divided in case this condition exists. This will has the advantage that in care of death of spouse, the will does not require any change or amendment as it can still be executable under the prevailing condition while the other condition becomes redundant.

It is also important that both husband and wife should execute a separate will. Both the will can be mirror image of each other. However in case of wife her streedhan and the property of which is sole owner or the property which she receives from her parent’s side is to be specifically mentioned. As the first right on these assets will be of the children and not of husband.

A person cannot give his ancestral property in the form of a will but he can make a will only of his self acquired property. A will does not involve any transfer, nor affect any transfer inter-vivos, but it is an expression of intent after his death. A will regulates the succession one provides for succession as declared by the testator.

If there is no will or the will has become null and void due to any reason or declared so by the court then a person is presumed to have died intestate and his property is divided as per the personal inheritance laws or the Indian inheritance act. If there is an unregistered will and the witnesses are also no longer alive then this unregistered will is null and void. One of the witnesses has to be alive and give evidence/affidavit that he had seen the person signing the will and have attested to this fact and then only the court will presume that the will has been proved and will grant a letter of administration or probate for the will. For a registered will this formality does not exist as it s a public document and the court will take cognizance of it without any proof.

The process of registration of the will is exactly similar to the registration of flat/house/ land or any other document in the office of registrar. Get the will type on a non judicial stamp paper of Rs.100/= and paste your photograph on the first page in two copies (one original and the other photocopy), get it attested and along with two witnesses who are not beneficiary in the will go to the registrar/deputy registrar/ sub registrar office and after payment of the fee the signed original copy will be given to you as registered will. One can also write it on a plain A4 size paper and get it registered as there is no requirement that it should be on non judicial stamp paper.

A will can be changed any number of times during the life time by writing a fresh will and destroying the old one. However, a registered will can be revoked only by another registered will. Minor amendments to the will can be done by writing a codicil and getting the same registered.

A will can be signed by any other person in the presence of the person making the will under his instructions and an annotation to this effect has to be made in the document. Similarly the witnesses before signing will have to state that the same before attesting the document. Even a deaf and dumb person can make a will.

In case you have an unregistered will and also immovable property then you have the following options:-

(1) Approach the courts to get a letter of administration / probate for the legal unregistered will or registered will. But if the witnesses are no longer alive then you will have to apply for succession certificate in case of unregistered will, as the unregistered will be of no use to you.

(2) Get the will registered through the registrar. It is a time consuming process and after due verification from the witnesses the will be declared registered by the registrar, If the witnesses are dead then succession certificate is the only answer.

(3) Get a family agreement with all the legal heirs made and after due attestation get it registered or present it t the court to get the succession certificate as per the agreement..

If there is no will or the will has become null and void or the unregistered will has been destroyed or lost, then the only option you have is to go for a succession certificate from the appropriate local civil court. However, in this case stamp duty on the total value of all assets owned by the person becomes payable at the time of submission of the petition for succession certificate. This can vary from state to state and can be from 2% to 8% in some states. However, it is possible to make a family agreement in which all legal heirs sign and agree to the part ion of the property as per the agreement and the court will ratify the agreement and issue a letter under its own authority.