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Is nomination enough to transfer the ownership of any assets?

            According to the encyclopedia the meaning of “Nomination” is the act of officially suggesting someone or something. The term “Nomination” has wide meaning. Nomination is the act or process  through which any person who owns assets (like Mutual Funds, Insurances Policies, other Securities/ Bonds/ Debentures, Shares, Bank Accounts, Societies, NSC, Post Office, PF, PPF & gratuity, Demat Accounts, Lockers), may appoint one or more nominees for such financial assets. Nominee is entitled to receive such financial assets after the death of actual owner. Through nomination one can authorize someone to receive assets on his/her behalf. Nomination comes into effect after the death of the actual Owner. The most important thing in nomination is that nominee can be changed at any time during the life span of the Owner of such financial assets.

Basically, nominee exclusively holds the right to receive and takes care of the asset of such Owner but not the ownership of the said asset/assets. In a renown judgment (Smt. Sarbati Devi V. Smt. Usha Devi AIR 1984 S.C. 346) of Supreme Court, it was decided in 1984, that nominee is a trustee of the property and is liable to hand over the same to the lineal descendants/ legal heirs. It had been decided by the Court nomination does not confer any beneficial interest in the nominee and other heirs can claim that amount in accordance with the law of succession governing them. Nomination does not create any title or interest in favor of the nominee. Therefore, nominee is mere trustee to whom assets has been transferred as prima facie after the demise of such owner of asset(s). All the legal heirs of the deceased owner have right to claim such asset as per succession laws and the nominee cannot exclude such other legal heirs. In other words, it can be easily said that a provision of succession law will not be affected by nomination. Technically, it can be said that nominee is just custodian or care taker.

 Important Information related to Nomination:

·         Any person can be selected as nominee of one’s asset. Even a minor can also be selected as nominee. There is no prowess required to be nominee.

·         Nominee can be appointed by the Bank Account holders who have their bank account(s) either under their individual names or under the joint

·         Non-individuals including society, trust, body, corporate, partnership firm, Karta of Hindu Undivided Family(HUF), holder of Power of Attorney can neither nominate nor be a nominee. All the afore said non-individuals can nominate or be a nominee in their individual capacities.

·         Nomination cannot be made in case of representative capacity such as the holder of an office e.g. Secretary of an Association, Director of a Company, Karta of an HUF, Partner of a firm.

 ·         A sole proprietor can appoint a nominee for the sole proprietorship bank account.

 ·         There are some investments (e.g. Mutual Fund, other Insurance Policies) where investor/ owner of such investment can appoint more than one nominee.

 ·         A Non Resident Indian can also be appointed as nominee.

 ·         One can appoint nominee for his/her safe deposit locker(s).

 ·         A minor can also be nominated for bank account(s) or for other cases. Provided that the name, address and contact number of the guardian of the minor nominee(s) should be given in nomination form.

If there is no nominee against your assets, it might not be a hassle free work for the dependents/ legal heirs of the deceased to claim such asset and get share out of such asset.  Nomination is not mandatory rule. It is an optional rule by following which hassles can be avoided.

We all are oblivious about all the laws of nomination. Rules of Nomination against financial assets are here under-

·         The RBI guidelines clear specifies one thing that the money lying deposited in the account of the depositor should be distributed among the legal heirs/claimants as per the Succession laws or according to the instruction of the depositor’s Will/ Testament but the nominee cannot claim any absolute right over it.

 ·         In case of EPF (Employee’s Provident Fund) and mutual funds, insurance and for other financial assets, employee can select multiple nominees and the ratio of distribution of fund will be mentioned therein. There is an exclusive rule for EPF that family members can only be chosen as a nominee but employee who does not have any family, can choose any one as nominee. After having family, one should instantly change the nominee and has to keep any family member as nominee. In case of mutual funds or other assets, it is not mandatory rule to appoint family member as nominee.

 ·         In case of PPF (Public Provident Fund), the nominee has to show the proof of being successors/ legal heirs (Succession Certificate) before receiving any assets from the actual owner.

 ·         The funds of actual owner shall be passed on to the appointed nominee after the demise of the actual owner. After transferring the assets to the nominee, it ought to have been transferred to the legal heirs or other claimants of the deceased owner as per Succession Laws. The enigma in the rule of nomination is always persists in each case of nomination but it is oblivious to all most people.

 Henceforth, we should make Will along with nomination. Mere nomination does not fulfill our desires and by making nomination, nominee’s right is not protected too. In spite of making nomination, nominee is not completely entitled to retain the assets of the deceased owner permanently.

Both in regard to joint holding as well as nomination, it needs to be borne in mind that the joint holder enjoys the privilege of withdrawing the investment and the nominee is entitled to collect the proceeds of the investment. This essentially facilitates the smooth operation and passing over of investments. But the joint holder or the nominee do not automatically become the legal owner of the property of the deceased, until so specifically directed under his Will.

Nomination is not the substitute of Will. Even it will never be…… Now the question is “what if the legal heir is your nominee!!!”  I must say here clearly that still the right of your legal heir in the form of nominee is not secured until you are making Will by specifying his benefits. Now the question is “WHY??” Your nominee would be lucky enough if there is no claimant, in that case, nominee can enjoy 100% your asset alone by producing succession certificate/ showing other corroborative proof to be a legal heir. What if there is any other legal heir/ claimant!! Even you might not be well acquainted about the complication of classes of legal heirs. In this case the nominee in the form of legal heir is not secured. Here, nominee must distribute such asset/ assets amongst the legal heirs/ claimants as per succession laws and he might keep his share of such asset by giving proof to be legal heir. Estate planning is not a cakewalk thus it is suggested that please make yourself aware before making any estate planning. For making an immaculate Will to secure the rights of the legal heirs in the form of Will, please do contact us at www.dilsewill.com

 Thanking You.

Wishing you a long & healthy life.

We celebrate your success in life.

Let’s add the awesomeness in our lives.

To know more, please visit www.dilsewill.com

Author: Shreya Nandi (Legal Executive Officer)

This blog is informative in nature. Please do not consider this blog as the legal advice. For any legal assistance, please do contact us at www.dilsewill.com or call us 033 4006 9589.

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He who betrays you may be beside you (This blog has been derived from a true life story)

A dark room, which is obscure but lightly lightened with blue dimmed light. All the windows of the room are open and entire room is in a mess clearly indicating it’s un-kept and uncared fate.

A voice of deep pain and loneliness can be perceived from that room. A cool evening breeze is freezing her body but Mrs. Ushashi is unable to wrap her duvet due to her illness and weak body.

“Cring…..cring……..” her mobile is constantly ringing but Mrs. Ushashi is unable to lift her head even…. she is thinking “How shall I talk?? Oh!! God ….please….please give me some relief from this bitter pain….. I cannot bear this pain anymore” She is gradually becoming senseless after trying much to pick up the call. Rains of tears constant flowing from her closed eyes and the pillow cover of her pillow has been drenched by her tears. Her entire body color is turned into dark black and her body has been reduced to the size of a skeleton.      

Mrs. Ushashi wants to shut the windows of her room but suddenly she falls down from her bed and her body rolls on the floor…. Its heart wrenching .This results a cerebral stroke leading to instant death. Her body is surrounded by the pool of blood on the floor. Finally, she lives her last breath in the year of 2007.  

10 years before…                  

Ujjal, is a caring brother of Mrs. Ushashi, who is trustworthy and responsible towards his duties well. She has only one relative in her life and that is her brother.

Mr. Ujjal is everything in Ushashi’s life as she was parentless from her childhood. Ushashi, being parentless always regarded Ujjal as her guardian. He always takes care of her like her parent. Ushashi never feels that she is a posthumous child but her destiny determines something else for her. Ushashi had a grand wedding, all arranged by Mr. Ujjal with lot of love and care. She was too exuberant when she went in her in law’s place with her heart full of dreams. She led a beautiful married life.

After 7 years……….,

Ushashi lost her husband in an accident. After losing her husband, Ushashi has been brought to Ujjal’s house with two small kids. Mr. Ujjal anyhow convinces her to stay with his family and not to stay alone. Ushashi’s husband bequeaths his entire property in Mrs. Ushashi’s name. There are no claimants on her property and this is well known to everyone.

One year after….

The fate badly beats her…… Suddenly Mrs. Ushashi comes to know from her biopsy test report that she is suffering from uterus carcinoma. She fights a lot and gradually loses all hope of surviving in her life. Ujjal also tries much for the treatment of Ushashi. Every day Mr. Ujjal runs from pillar to post for good treatment of his sister, Ushashi…. Two years have passed with a blink of an eye. Still there is no good sign and hope in Ushashi’s life. Now she is too weak to lift her body.    

Then where is her brother when she was on her deathbed? Her brother, Ujjal, never leaves her alone … What happens with her brother who was so protecting & caring!!

Last two years before her death…..    

Being sick, she has made a power of attorney in the name of her elder brother, Ujjal. He is her own brother and only person in her entire family. There are no more relatives in Ushashi’s life who can take care of her as well as two small children of her. She is a widow and owner of huge properties. Anyhow, Ushashi wants to live with both her children but things are not in favor.

After giving the authority of all her property to her brother, a request has verbally been made to her brother for taking care of all her property and her two small children. She is neither able to run from pillar to post for any dispute raised out of her property nor take care of the same. So, she has given all the authority to her brother to look after her property as a deemed owner and makes request to look after her children in her absence. Ujjal was requested to help her children to get the ownership of 90% of her property after they reach at age of 18 yrs. and she gifted 10% of her property to her brother Ujjal.

After death of Ushashi….                    

After the death of Ushashi, Ujjal takes the undue advantages and wrongful gains from his sister’s property. Within 3 yrs. (in the year of 2010), he becomes the absolute owner of all the property of Ushashi…. He ultimately kills all the wishes of his sister and deprives the children from their rights, though they haven’t reached  the age of 18 yrs. till then. He shows the lame excuse that he is facing questions and problems related to the property for not having the ownership.

Have you ever thought of this kind of situation in your life? I am sure that you must be thinking that why did Ushashi not make her Will??

This could have been prevented if -

●     She had not expressed her wishes verbally;

●     She had made a Will (through video film, online or by any other convenient ways);

●     She had appointed a guardian for her minor children;

●     She had appointed an executor to execute Will;

●     She had attached any corroborative evidence in respect of her ownership of the property;

●     She had attached the signatures of two witnesses.

She was just 34 years when she had to leave this beautiful world. If she had made her Will at the age of 28 then her children would have had a better future. She portrayed a lot of faith on her elder brother who is the main culprit of everything…

Are you blindly believing on your nearest & dearest ones??  

What happened finally?....

Ujjal’s 20 years old son, Upal, is now the absolute owner of the entire property which was originally for Ushashi’s minor children.

Faith is good but blind faith is not good. When it comes to the future of our near and dear ones, no stone should be left unturned. This real story leaves a lesson for all of us.

“Make a Will. Protect your legacy.”

Thanking You.

DiL SE WiLL is wishing you a long and healthy life.

We celebrate your success in life.

Let’s add the awesomeness in our lives.

Author:  Shreya Nandi (Legal- executive officer)

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Strangers can be your Angels too

Sometimes memory of a stranger cannot be erased from our mind in life long. Stranger Rahul Verma, a soldier, by profession was one such person in my life.

On 25th May, 2004, I reached Chandigarh by train at 6 a.m. but was oblivious about the upcoming happenings at Chandigarh. I visited there as a tourist.  In evening, I went to a beautiful garden which was heavily adorned and had a renowned Cafeteria situated at a stone throwing distance from my lodge. I took few photographs of the silent nature. In love with photography, I took candid shots of two people sitting at coffee shop. They were having their coffee. I offered them their photographs and at the same time we introduced ourselves. I noticed the change in their sullen faces as they came to know about my profession as a lawyer.

It seemed like a ray of hope for them. They started enquiring about my profession and my practice. On being satisfied with my credentials information and offered me a cup of coffee. Interested to know about the culture and I sat down with them but what came in my way was something different.

Mr. Rahul and his friend asked me “Can you give us an advise?” I willingly agreed.

Mr. Rahul started like he had a small daughter whose name was Rashy. Thereafter he shared his personal details with me that yesterday he had received letter from his senior officer for joining the battle field and he had to go to there next week. He was worried for the future of her daughter.  Mr. Rahul had faced the worst phrase of life. Suddenly Mr. Rahul’s eyes were engulfed with tears followed by the past memories which he shared with me and said that he could not continue his studies due to financial crisis and he lost his parents when he was in class four. Even he failed to continue his higher studies though he had a dream to be a doctor. He was a brilliant student but his fate had decided something else for him.

Then, he called up her daughter….” Rashy…. Rashy (in a louder voice) please come here beti.. please come faster. I have come here with my daughter to see Mr. Arnab, my friend. My daughter lost her mother when she was 2 years old.”

Rashy came to me, leaving her playground and said “Hello ma’am, good evening.” Rashy was a sweet, innocent and intelligent girl which was clearly perceived by her appearance. Rashy then took out a bunch of flower from her portmanteau and offered the same to me. Mr. Rahul said “ I don’t want that my daughter suffers like me.. I will not let my heart wrenching story repeat in her life.”

That day I sat with those strangers for three hours. I missed few scheduled worth a watch places of the city but my heart felt happy that I did something which suited my profession well - gave them sound and correct advise. These three hours along with satisfaction also gave me new friends.

Within a week Rahul made hand written Will followed by my advise. He handed over the same to his best buddy(Mr. Arnab) before going to the battle field. Thereafter he informed me about his deeds.

Five years later….,  

Co-incidentally, I met Mr. Arnab in a shopping mall at Kolkata. On that day, I came to know that Mr. Rahul lost his life in that battle field but he took the responsibility of executing his Will and the responsibility of Rashy too.

Fifteen years later…………,

Once again I settled down my mind for going to a Chandigarh trip. I took the same lodge there from where I went to the same cafeteria which gave me the reminder of Rashy. For a while, I was being nostalgic followed by the memory of sweet Rashy. Few question were automatically shaking me…”How is Rashy now? Why do I miss her so much!!! Is she in any trouble?

I didn’t have any answer to my questions as there was no one from whom I could get any information related to Rashy. I had been always bolstered by following Rashy’s memory…. a sweet girl with her curly brown hair and having big intelligent brown eyes.

Suddenly, a voice audible to me …“Good evening Madam,!!”  I looked back, a person wearing waiter’s uniform in black and white, offering me a cup of Coffee placed in a nicely decorated tray. Silent nature’s beauty had drawn my attention completely though many things had been changed which were noticeable in my eyes.

Suddenly, I felt everything was moving around me and I started sweating heavily which drenched my dress. Subconsciously, I was thinking “What is happening with me!!.. It is risky that I am alone here but my health…”

I was not able to recall any thing thereafter… I lost my sense instantly. Then I found myself in a doctor’s camp... I was informed by a nurse present over there that local people brought me here for my instant treatment. Then a sweet voice wishing me “Good Morning!!.. How are you feeling now?” I saw a sweet looking young lady whose face was much similar with Mr. Rahul’s face standing beside me, wearing a white apron and stethoscope was hanging around her neck. Then she checked my blood pressure and eyes. I was feeling that somewhere I had seen her,.. she might be known to me. I felt restless but could not recall that where I met her.  

I softly replied her with low voice “I am ok now”...

Then she moved on, she was busy for the treatment of wounded soldiers who were lying next to my bed. I waved my hand and call that young lady doctor, then asked her “may I know your name please..?”  Then she said with big smile “Rashy Verma”. Few drop of tears were automatically coming out from my eyes and she wiped out those tears with her soft hand. I accumulated more strength within me and asked that why she had chosen this profession and she answered that my father was a soldier who lost his life in the battle field. My father wanted to see me as a doctor as he had a dream to be doctor. Instantly, Rashy’s eyes were shining with tears  ...”So I chose this profession and am serving to these soldiers.” I asked her “may I know your father’s name?”

Rashy replied “Sure… His name is late Mr. Rahul Verma. I lost him when I was 10 yrs. My uncle took care of me thereafter”

I was feeling so satisfied by seeing her and by the conversation I came to know that Mr. Arnab, said her the entire story. Even I was surprised to know that my name was also in her knowledge.  She was so thankful to me when I disclosed my name. Even She could easily recognize me. I talked to Mr. Arnab over phone and he said the entire story to me.  

Now, I am 62 years... still that voice echoing in my mind when Rashy was saying her name to me and I say thanks to God that I was able to save Mr. Rahul’s dream by giving him a worthy suggestion. Mr. Rahul made a privileged will in favor of his daughter and appointed Mr. Arnab as guardian of her daughter. Rashy’s life was secured due to that reason and Mr. Rahul’s soul got relief.

This blog has been written with the intention to create awareness in the lives of many such Rahuls. This blog will be successful even if one Rashy gets a better future.

 Thanking You.

DiL SE WiLL is wishing you a long and healthy life.

We celebrate your success in life.

Let’s add the awesomeness in our lives.

Author:  Shreya Nandi (Legal- executive officer at  DiL SE WiLL)

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Is making Will necessary?

Resources say that the awareness of the importance of making a will in India is much lower than that in the western world. Only 36% of the total population in the USA makes a valid will whereas the UK is a little better with 47%. With the decreasing life span experts say that this is not enough. But, in India the percentage is even lower .This is alarming.

In our initiative towards creating awareness about the importance of making a will, we found that over 80% of the cases pending in various courts across  India are related to property disputes , succession matters , inheritance and probate executions. These cases sometimes outgrow the age of the people fighting the cases. Such situations can be avoided if each one takes a responsible decision to systematically assign his/her properties. This can only be done through a valid will.

Why making of “Will” is important? …..We know that the only way out is that to keep an eye on incidents which compel the law makers to be stricter to keep a check on such shaming incidents. The other side of the story is that such laws are also misused to cater evil motives.  

The importance of a Will cannot be stressed enough for Indians with lakhs of Civil Cases pending in various Courts of Law for ages. However, the importance of a Will was realized by many only after two very high profile wars among some of the richest families in the country- the Ambani’ s and the Birla’s. The first was the case with the absence of a Will;

The second was the case with the Will bequeathing over Rs. 5,000 crores to their consultant. There is a very renowned proverb is that “Where there is a Will there is a way”. A written Will, will take care of most of the problems related to passing on wealth.

A Will is a wish list of the Testator who has wealth (Paintings, CD, Book, Diary, Shares, Good Will, Patents, Copyright, real estate, Antiques, Jeweler, pets or any other valuable movable or immovable things) to be split up among his family members, relatives, employees, charity, or anyone else after his passing away.

At any point of time, the owner of the wealth can have a change of mind and if he needs to make any changes in his Will, the said Testator can instantly change his Will in his life- time. The necessity of a Will is emphasized as under-

The Concept of Will is not alien to us, but how many of us actually make the effort to write one? Most of us do not bother based on the assumption that it is required only for those who are rolling in wealth.

Succession planning can be done through Wills, Corporate entities and trusts. If any one dies without making a Will (called “intestate” in legal Parlance), his wealth is inherited by the heirs according to the inheritance laws. If a person dies without a Will, the law of succession applies based on the religion of the deceased. Since laws of marriage and succession are the most intricate among the religious laws, inheritance issues an India are very complicated. In case of more than one heir, distribution of assets can lead to family disputes. If you die intestate, the Court will decide as to whom your precious property be distributed. At that time, your heir has to follow the judgment of the said Court as it becomes functus officio (Once the Court has passed a valid sentence after a lawful hearing, it is functus officio and cannot be changed). The main reason for making a Will is to say who should receive your property and who should raise your children if something fatal occurs to you. If you do not own any property and also do not have children, you may still want to make a Last Will anticipating to have a property or children in the future. If you want your spouse to get all your properties after your death, you should still write a Will mentioning this. All the assets do not automatically get transferred to the deceased’s spouse.

The applicable succession laws (depending on one’s religion) usually provide for distribution of the assets among the heirs, which includes other relatives in addition to the spouse of the deceased. It is a misconception to believe that all the estate automatically passes on to the spouse. Children and relatives can also stake claim to the property. Law of Inheritance and succession are diverse and complicated. This kind of division of assets is an expensive business as your family would have to hire the services of a lawyer and all the costs will be incurred out of your estate. So in effect, your family will get a diminished share.

Whether it’s a son drawing a huge amount as salary or a daughter who is still pursuing her studies, both of them get a fixed portion of your wealth when the laws of succession come into play. A Will offers you the option to give more to your daughter if she needs support. Even if you plan to distribute your wealth equally among all your heirs, you should write a Will to that effect to avoid disputes among your family members and make the transition of wealth easier. One can also write a Will for creating trusts. A Will does not only distribute wealth; it can also offer responsibilities. Who should take care of your children in absence of you and your spouse? Should they be raised by your brother who is in a financial mess or you want your elder sister to take care of them?

Most of the time it becomes a bone of contention in deciding who would take care of the children after the demise of the parent.

Now, you may be conceding the above explained truth but you must be thinking that the procedure is complicated, especially the procedure of the registration of Will. So, still you are thinking twice before making Will.

Till, today you have been procrastinating making of Will due to its complicated procedure and huge expenditure. This blog aims at creating awareness in the masses about the importance of making Will. We provide the best services in the field of Estate and succession planning which is available at a very competitive fee structure. DiL SE WLL, is a one stop solution for making an online will, consultation, legal advice and registration.

 Thanking You.

Wishing you a long & healthy life.

We celebrate your success in life.

Let’s add the awesomeness in our lives.

To know more, please visit www.dilsewill.com

Author: Shreya Nandi (Legal Executive Officer)

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Mistakes You’ll Never Make Again

“CONGRATULATIONS….   Riya” Riya was enjoying the attention and appreciation she was receiving. Her hard work bore fruits. She stood first in her annual exams for class 9.The urge to share this news with someone special engulfed her. Her enchanting green eyes were glued to the school main gate. Dehradun is famous for its scenic grandeur and its beautiful surroundings. The nature’s beauty around her did not fill the emptiness of missing that someone special. Riya stood there with her sullen face. She was in her school dress and her skirt was smeared with grease. Above her head a red board was hanging where it had been boldly written - Dehradun Convent School For Girls’. Riya’s family was her brother Chetan .He was not only a brother to her, he was Riya’s parent. Riya was parentless since her birth and all the responsibilities of Riya were performed by Chetan. Chetan took care of his responsibilities beautifully .

On his way to the school Chetan kept thinking of how his sister would look after 2 yrs. It was 2 yrs since he had seen her. He was curious about Riya’s result. Chetan could only imagine Riya for the similarity she had with their mother. What a relief it was to see the school gate. But, where is Riya?

Chetan searched frantically to find her in front of an ice cream parlor. Rapidly, Chetan was trying to cross the road to reach her. Riya’s face had the same fair complexion and pink glow on her face like their mother. Dimples made her face brighter as she smiled. By this time, Riya had already seen Chetan crossing the road. But with the bat of an eyelid, a bus hit Chetan, a heart wrenching sound broke off the silence and drew the attention of a huge crowd. Riya got perplexed, her entire body shivered and she could not move on anymore. The sound of that accident was echoing around her. She felt no strength in her body to walk to that spot.

She gathered strength and reached the spot to see her brother in a pool of blood.  She could not recall anything more thereafter. She had lost her consciousness after this…Though Chetan’s life was saved; one of his legs was permanently amputated.

We haven’t thought yet what would be Riya’s future…if Chetan wouldn’t have survived? Chetan had made a will even at this early age. He even mentioned in the Will that all the interests from the fund specified in his Testament, will go to for the expenditure of Riya’s education. He appointed a guardian also for his minor sister. If he did not make a Will in favor of Riya, Riya would not be able to lead a good life as the said property would have to be distributed in accordance with law.

Chetan had seen the sufferings of his uncle’s family though his uncle had lot of properties and he took the decision that he will not continue the same mistake in his life. This thing can happen with any one of our society.. Chetan always believed on one proverb – “Man proposes and God disposes” and it is true that we can only make plans as we want but GOD determines how things will turn out.

No one knows their death date, it is a great personal practice to stay engaged in your priorities. I would like to suggest that waking up each morning and asking yourself that how I would show up today if this day was my last is not some cheesy motivational exercise. It’s a profound way to bring some urgency and commitment into your days. Most of us let life act on us – we are asleep at the wheel of our own lives. And the days slip into weeks, the weeks into months and the months into years. Before we know it, we are laying on our deathbeds wondering where all the time went. So make your Will without any hesitation.

To get help or to get hassle free services or to know more about WILL, please visit www.dilsewill.com

Thanking You.

Wishing you a long and healthy life.

We celebrate your success in life .

Let’s add the awesomeness in our lives.

Author: Shreya Nandi (Legal Executive Officer)

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The choice we make about the lives we live determine the kinds of legacies we leave

Tavis Smiley