29 January,2022 07:33 AM IST | Mumbai | Vinod Kumar Menon
The petitioner’s late husband and parents-in-law lived in a 390 sq feet flat in Bal Ratna CHS, Goregaon West
The Dindoshi civil court passed an order in favour of a widow and her minor son, granting them a 50 per cent right over her mother-in-law's flat in Goregaon who passed away intestate or without making a will. The complainant's brother-in-law was not allowing her the right, compelling her to move the court. This incident has once again stressed on the need to make wills during the lifetime of property owners to avoid unwanted succession disputes.
Dipti Varma had moved a petition before the Civil Court, Dindoshi in 2017 seeking 50 per cent rights over a 390 sq feet (carpet area) flat in Bal Ratna CHS, Goregaon West. She said that her late husband Ranjit was one of the sons of late Radhakrishna and Rajeshwari Varma and stayed at the flat. She added that Ranjit died due to sickness on April 2, 2016. She added that the said property was in the name of her father-in-law Radhakrishna Varma, who died on January 6, 1999 and after his death the flat was transferred in the name of her mother-in-law Rajeshwari, who passed away on January 22, 2008, without making any will. Her lawyer advocate Anil D'Souza said that after Rajeshwari's death, the flat would belong to her two sons. However, as Dipti's brother-in-law was not allowing the same, she had to move court.
"On January 2, 2022, the court in its order stated that the plaintiff Dipti and her son have 50 percentage share jointly, and the defendant Rajiv Varma has 50 percentage share in the said flat. The partition of said flat be effected through appointment of court commissioner and in case the same cannot be affected by metes and bounds, same be disposed of by sale of the property," said advocate D'Souza. Dipti said, "I had no option but to take this case to court, as after the demise of my husband, I had to secure my minor son and my legitimate rights over my in-laws' property. I am happy and relieved to state that at last justice and truth prevailed and the court has safeguarded our rights."
She added, "The moot question is when does one make a will? My mother-in-law was 62 years old and my husband was 42 years when they passed away. We always presume that we have ample time and put crucial matters like this behind. I personally know of many cases, where my family members had made a will and post their demise, the transfer of their assets happened smoothly, as per their last desire."
Advocate D'Souza said "The common misconception is that a will should be made only in your sunset years or when you're bed-ridden, or on your deathbed. But this thought has to change. We need to understand that there is no age bar for making a will and even young working professionals can keep the same ready."
Solicitor Stuti Galiya said, "Cultural differences between generations and rising cost of properties make it necessary to protect the rights of our near and dear ones after our death, by making will. This is necessary to ensure that our hard earned assets and properties go to the right and deserving hand after our death. Wills could also be drawn up as living wills where a person also gets the right to effectuate one's wishes regarding how they want to be medically treated if they are seriously ill."
Advocate Vinod Sampat from Flat Users Residents Welfare Association said, "One never knows when they will die and it is always desired that our near and dear ones not face any difficulty after that. Hence, it is advisable to make a will. I would always suggest one and all to execute a will. A residual caluse in will is a must, as this clause implies that assets which have been forgotten to be mentioed or are acquired at a later date get covered in residual clause and the main beneficiary is entitled to the same. This crucial clause at times not incorporated in wills and it is a common mistake."
Three questions to Advocate Vinod Sampat:
What is a will?
A will is a legal declaration made by a person during his lifetime with regard to disposal of his properties after his death. It does not take effect from the date of its execution but speaks from the death of the testator (one who makes a will before dying). During the testator's lifetime, the will is an ambulatory document, revocable at any time and having no legal effect.
Why should we make a will?
The fundamental idea behind making a will is to enable a person to dispose of his property in a manner that seems to him best or as desired by him. If one does not make a will, the property will be inherited by the legal heirs.
What are the advantages of making a will?
Firstly, there's no confusion among the family members and relatives as to how to dispose of the property. Thus, helping avoid a family dispute. Secondly, unlike the law of inheritance, you can make some provision for a faithful servant, a nurse, a friend in need of money and so on.
