A question asked by millions of young people in the country. Am I with Anna or not with him? Over the last forth night or so INDIA [as i would like to put it] has erupted. Chanting patriotic songs & Praises of Anna....a 1 man army against the government on the issue of corruption. The Jan Lokpal Bill against the Jokers Bill which the government has prepared.
A Number of young people have taken leave some bunking colleges to rally around this one man who is fighting for a strong bill against corruption. While all this is happening there are a number of people [especially those who are against this man or those how had a bad experience of him] who are digging into muddy waters and sharing all their bad experience against this man. After reading to all this, forced me to ask myself this important question...Am I with this man or NOT with him....I can’t stop here because the question is incomplete and only when I complete the question will it make sense... Am I with this man or NOT with him on the whole issue of Corruption.
I am not interested on what he did or did not do in the past. At present he comes across as a true crusader of the Anti Corruption Drive and YES I am with him. And I am confident that Millions will join him as the issue is important and if not tackled now it will destroy our Nation.
In fact he has become so popular amongst the masses that he is among the top 10 most-searched terms on Google from August 15-18. As per Google Insight, Jan Lokpal Bill, Kiran Bedi and Arvind Kejriwal were also among the top searches. On Friday, Anna logged 1.64 crore Google results while Bollywood superstar Shahrukh Khan trailed at 1.38 crore.
On Independence Day, Anna had over five lakh mentions through status updates and comments across top social networking sites, including Facebook and Twitter in the country. Two days later, the number had shot up to 9 million. On Thursday, while he was still in Delhi's Tihar Jail, the number of posts and updates mentioning him rose to over 12 million.
If you are not with him, It’s time to wakeup..its time for each one of us to ask this same question ARE WE WITH ANNA OR NOT ON THE ISSUE OF CORRUPTION.
Tuesday, August 23, 2011
Tuesday, August 2, 2011
Feats of St John Marie Vianney....
Over the last many years the image of the Priest has taken a beating, with the sex scandal in the US and the corruption scandal in many part of our own city and Country.
Last year accidently I was given a letter which was written by a group of so called “Concern Citizens” criticizing the priest for many wrong decisions that we have taken or favouring their own men for the some work in the church...
While there are many ifs and buts, it better not to dig into such matters. In a few days from now we celebrate the Feast of St John Marie Vianney and following his example, do something that he did best. PRAY...
Pls Pray for your Priest..we need your prayers to do thing in a manner that is RIGHT and JUST in the sight of God.
Last year accidently I was given a letter which was written by a group of so called “Concern Citizens” criticizing the priest for many wrong decisions that we have taken or favouring their own men for the some work in the church...
While there are many ifs and buts, it better not to dig into such matters. In a few days from now we celebrate the Feast of St John Marie Vianney and following his example, do something that he did best. PRAY...
Pls Pray for your Priest..we need your prayers to do thing in a manner that is RIGHT and JUST in the sight of God.
Why you need to write a will.......
Posted by: "Bombay Catholic Sabha, Kalina" MangaloreanCatholics@gmail.com
Mon Aug 1, 2011 12:04 am (PDT)
For the past six months, Delhi-based Padma Malhotra and her three children have been struggling to access what is rightfully theirs. They have been unable to lay hands on the financial assets of Malhotra's husband, who passed away in January. The emotional trauma of losing him was followed by despair at not being able to withdraw the money lying in his bank account or access his other investments. This upheaval has been sparked by a single act of omission on the part of Malhotra's husband-writing a will.
"My husband didn't leave a will and had not named a nominee," she says ruefully. So, she and her kids have been running around to prove that they are the only legal heirs. Malhotra's husband has a substantial amount of money in his bank account, but it cannot be withdrawn till the bank is satisfied that there are no other claimants. "We have submitted copies of the death certificate and our ration card as well as a letter of indemnity, but the bank is demanding more documents," says Malhotra.
In Noida, 73-year-old RR Grover is not leaving anything to chance. He has experienced at close quarters how problematic it can be if the head of the family dies without leaving a will. "I don't want my heirs to run around to get what is theirs. So I have drafted a will that spells out how the assets will be distributed among them," he says.
Writing a will
Any adult who wants to distribute his assets can write a will. "Whether you are a daily wage earner or a tycoon , you have the right to dispose of the assets you own according to your wish," says Rajesh Dalmia, a Kolkata-based certified financial planner. A will is an instrument that allows you to do so.
It is not necessary to write it on a stamp paper or even get it registered. You can write a will on plain paper and it will be as legally valid as one prepared by a lawyer. All it should do is identify you as the testator (or the person who is making the will), list out your assets and specify how these are to be distributed. Whether you type it out or write it down, it is a legal document as long as it is signed by you and attested by two witnesses.
"The only requirement is that the will should be legible. If a person is old and frail, he should avoid writing it himself and get it typed to avoid disputes in the future," says Amit Aggarwal, a lawyer with SNG & Partners, a Delhi-based law firm.
However, if there is a complication in the ownership of assets and wealth, you may need the help of a legal professional to draft the will. Such a person will ensure that there are no loopholes or ambiguity in the language that may lead to disputes later on. More importantly, he will make sure that the distribution is within the ambit of the law. "When it comes to making a will, the wishes of the testator should be legally enforceable. Therefore, consulting a professional on this matter is important," says Pavan Duggal, a Delhi-based lawyer.
Legal viability
A will cannot override the natural succession of ancestral wealth. A person cannot will away the entire inherited property. He can pass on only his share to anybody he wants, but the remaining property can be willed only to the legal heirs. Suppose a Hindu man inherits 50 lakh from his father. If he has four legal heirs, then he has only a 20% share in that amount. The balance belongs to the four heirs.
If you want to bequeath assets to people other than the natural heirs, you would need to mention the reason for doing so. This would foreclose the chances of any objection from other beneficiaries.
A will has to be attested by at least two witnesses. They should be reliable and preferably much younger than you are in order to ensure that they are alive when your will is being executed.
Sanjana Bali, a partner with KB Partners, a Delhi-based law firm, recounts a case in which the deceased had willed everything to one of his children. The other siblings filed an objection but the sole beneficiary could not prove the validity of the will because the witnesses could not be located. The matter was resolved only after the beneficiary agreed to split the assets with the others.
Such cases bring into focus the role of the executor of the will, who is supposed to oversee the distribution of your assets according to your will. "Not only should he be a reliable person, but someone your heirs will be willing to listen to," says Narendra Ahuja, a Delhi-based lawyer. If the asset distribution is not equitable, it can lead to squabbles, and unless the executor can resolve them, the matter may end up in court.
This is also the reason legal experts advise that the will should be registered. This is not mandatory, but it puts a stamp of authenticity. Registering a will can cost as little as 200-300. You can get it registered with a sub-registrar. To make it ironclad, use a stamp paper to make the will. One copy of the will is filed in the registrar records and the original is given back to the testator.
Is gifting a better option?
Instead of going through the rigmarole of making a will, one can simply gift them during one's lifetime . However, gifting has its own limitations. Once the asset is given, it becomes the property of the receiver . Experts say it is risky for a person to give away all his assets during his lifetime and then be at the mercy of the beneficiaries.
On the other hand, an individual can change his will, deleting names and adding new ones. A minor change can be done by filing a codicil instead of rewriting the entire will. This is a supplementary document which specifies the changes in the will. "One of the reasons people postpone making a will is the misconception that it cannot be altered. This is not true; you can make any number of changes," says Ahuja. The latest will supersedes all previous documents.
Appoint a nominee
One seamless option of transferring assets to your heirs is to make them nominees. All financial investments offer this facility. However, while a nomination ensures a smooth transfer of assets, it does not make the nominee the sole owner of those assets . The other legal heirs can stake a claim to them.
In a case that came up before the Supreme Court in 1983, a life insurance policyholder died without writing a will, leaving behind his mother, wife and son. His wife was the nominee of the insurance policy, but his mother and his son filed petitions, both demanding a one-third share. The court ruled in their favour, stating that the nomination only indicates that the person is authorised to receive the amount but is not the sole owner of that sum.
Making a will online
A few companies such as Warmond Trustees & Executors and Vakilno 1.com offer to make a will online. You need to register with the company and key in your personal and financial information. Once this is uploaded, the company drafts a will and sends it to you within seven days. Besides making the will, these companies help with the registration and also act as an executor. The cost of this convenience: 10,000.
However, this option works only if you have a simple portfolio and there are no conditions involved in the distribution of assets. "This is because any will with a complex structure requires a one-on-one discussion," says Sandeep Nerlekar, MD and CEO, Warmond Trustees & Executors. If you want an online will, you as well as the two witnesses need to have a digital signature.
If there is no will, the estate of the deceased is distributed in accordance with the law of succession. However, such cases usually end up in court or are settled after acrimonious negotiations. There is also a cost attached. If you apply for a succession certificate from the court because there's no will, you need to pay up to 3% of the value of the assets. This is why you should settle these issues during your lifetime. "A will is a legal document that clearly demarcates what should go to whom and bypasses all succession laws. It reduces the chances of dispute and lessens emotional distress," says Bali.
How to bequeath your digital assets
A significant part of our lives is spent online, saving or exchanging information in the form of blogs, photos, e-mails and financial data. Have you wondered what happens to it after you are gone? There is no legislation in India stipulating who will own online accounts, such as e-mail and social media, if the owner dies. "More and more, things are moving to the digital eco-system ," says Pavan Duggal, a Supreme Court lawyer, who recently got a will drafted for digital assets. The bequeathment process is similar to that for physical assets. The first step is to make an inventory. If the assets have monetary or personal value, name the person who will be the sole owner. However, many of these Websites are based overseas and your heirs may have to travel abroad for completing legal formalities
Mon Aug 1, 2011 12:04 am (PDT)
For the past six months, Delhi-based Padma Malhotra and her three children have been struggling to access what is rightfully theirs. They have been unable to lay hands on the financial assets of Malhotra's husband, who passed away in January. The emotional trauma of losing him was followed by despair at not being able to withdraw the money lying in his bank account or access his other investments. This upheaval has been sparked by a single act of omission on the part of Malhotra's husband-writing a will.
"My husband didn't leave a will and had not named a nominee," she says ruefully. So, she and her kids have been running around to prove that they are the only legal heirs. Malhotra's husband has a substantial amount of money in his bank account, but it cannot be withdrawn till the bank is satisfied that there are no other claimants. "We have submitted copies of the death certificate and our ration card as well as a letter of indemnity, but the bank is demanding more documents," says Malhotra.
In Noida, 73-year-old RR Grover is not leaving anything to chance. He has experienced at close quarters how problematic it can be if the head of the family dies without leaving a will. "I don't want my heirs to run around to get what is theirs. So I have drafted a will that spells out how the assets will be distributed among them," he says.
Writing a will
Any adult who wants to distribute his assets can write a will. "Whether you are a daily wage earner or a tycoon , you have the right to dispose of the assets you own according to your wish," says Rajesh Dalmia, a Kolkata-based certified financial planner. A will is an instrument that allows you to do so.
It is not necessary to write it on a stamp paper or even get it registered. You can write a will on plain paper and it will be as legally valid as one prepared by a lawyer. All it should do is identify you as the testator (or the person who is making the will), list out your assets and specify how these are to be distributed. Whether you type it out or write it down, it is a legal document as long as it is signed by you and attested by two witnesses.
"The only requirement is that the will should be legible. If a person is old and frail, he should avoid writing it himself and get it typed to avoid disputes in the future," says Amit Aggarwal, a lawyer with SNG & Partners, a Delhi-based law firm.
However, if there is a complication in the ownership of assets and wealth, you may need the help of a legal professional to draft the will. Such a person will ensure that there are no loopholes or ambiguity in the language that may lead to disputes later on. More importantly, he will make sure that the distribution is within the ambit of the law. "When it comes to making a will, the wishes of the testator should be legally enforceable. Therefore, consulting a professional on this matter is important," says Pavan Duggal, a Delhi-based lawyer.
Legal viability
A will cannot override the natural succession of ancestral wealth. A person cannot will away the entire inherited property. He can pass on only his share to anybody he wants, but the remaining property can be willed only to the legal heirs. Suppose a Hindu man inherits 50 lakh from his father. If he has four legal heirs, then he has only a 20% share in that amount. The balance belongs to the four heirs.
If you want to bequeath assets to people other than the natural heirs, you would need to mention the reason for doing so. This would foreclose the chances of any objection from other beneficiaries.
A will has to be attested by at least two witnesses. They should be reliable and preferably much younger than you are in order to ensure that they are alive when your will is being executed.
Sanjana Bali, a partner with KB Partners, a Delhi-based law firm, recounts a case in which the deceased had willed everything to one of his children. The other siblings filed an objection but the sole beneficiary could not prove the validity of the will because the witnesses could not be located. The matter was resolved only after the beneficiary agreed to split the assets with the others.
Such cases bring into focus the role of the executor of the will, who is supposed to oversee the distribution of your assets according to your will. "Not only should he be a reliable person, but someone your heirs will be willing to listen to," says Narendra Ahuja, a Delhi-based lawyer. If the asset distribution is not equitable, it can lead to squabbles, and unless the executor can resolve them, the matter may end up in court.
This is also the reason legal experts advise that the will should be registered. This is not mandatory, but it puts a stamp of authenticity. Registering a will can cost as little as 200-300. You can get it registered with a sub-registrar. To make it ironclad, use a stamp paper to make the will. One copy of the will is filed in the registrar records and the original is given back to the testator.
Is gifting a better option?
Instead of going through the rigmarole of making a will, one can simply gift them during one's lifetime . However, gifting has its own limitations. Once the asset is given, it becomes the property of the receiver . Experts say it is risky for a person to give away all his assets during his lifetime and then be at the mercy of the beneficiaries.
On the other hand, an individual can change his will, deleting names and adding new ones. A minor change can be done by filing a codicil instead of rewriting the entire will. This is a supplementary document which specifies the changes in the will. "One of the reasons people postpone making a will is the misconception that it cannot be altered. This is not true; you can make any number of changes," says Ahuja. The latest will supersedes all previous documents.
Appoint a nominee
One seamless option of transferring assets to your heirs is to make them nominees. All financial investments offer this facility. However, while a nomination ensures a smooth transfer of assets, it does not make the nominee the sole owner of those assets . The other legal heirs can stake a claim to them.
In a case that came up before the Supreme Court in 1983, a life insurance policyholder died without writing a will, leaving behind his mother, wife and son. His wife was the nominee of the insurance policy, but his mother and his son filed petitions, both demanding a one-third share. The court ruled in their favour, stating that the nomination only indicates that the person is authorised to receive the amount but is not the sole owner of that sum.
Making a will online
A few companies such as Warmond Trustees & Executors and Vakilno 1.com offer to make a will online. You need to register with the company and key in your personal and financial information. Once this is uploaded, the company drafts a will and sends it to you within seven days. Besides making the will, these companies help with the registration and also act as an executor. The cost of this convenience: 10,000.
However, this option works only if you have a simple portfolio and there are no conditions involved in the distribution of assets. "This is because any will with a complex structure requires a one-on-one discussion," says Sandeep Nerlekar, MD and CEO, Warmond Trustees & Executors. If you want an online will, you as well as the two witnesses need to have a digital signature.
If there is no will, the estate of the deceased is distributed in accordance with the law of succession. However, such cases usually end up in court or are settled after acrimonious negotiations. There is also a cost attached. If you apply for a succession certificate from the court because there's no will, you need to pay up to 3% of the value of the assets. This is why you should settle these issues during your lifetime. "A will is a legal document that clearly demarcates what should go to whom and bypasses all succession laws. It reduces the chances of dispute and lessens emotional distress," says Bali.
How to bequeath your digital assets
A significant part of our lives is spent online, saving or exchanging information in the form of blogs, photos, e-mails and financial data. Have you wondered what happens to it after you are gone? There is no legislation in India stipulating who will own online accounts, such as e-mail and social media, if the owner dies. "More and more, things are moving to the digital eco-system ," says Pavan Duggal, a Supreme Court lawyer, who recently got a will drafted for digital assets. The bequeathment process is similar to that for physical assets. The first step is to make an inventory. If the assets have monetary or personal value, name the person who will be the sole owner. However, many of these Websites are based overseas and your heirs may have to travel abroad for completing legal formalities
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