The Probate Process in India - What is the Process to Probate a will -- 98840802218

Probate refers to the process whereby certain of decedent's debts may be settled and legal title to the decedent's property held in the decedent's name alone and not otherwise distributed by law is transferred to heirs and beneficiaries. If a decedent had a will, and the decedent had property subject to probate, the probate process begins when the executor, who is nominated by the decedent in the last will, presents the will for probate in a courthouse in the county where the decedent lived, or owned property. If there is no will, someone must ask the court to appoint him or her as administrator of the decedent's estate. Often, this is the spouse or an adult child of the decedent. Once appointed by the court, the executor or administrator becomes the legal representative of the estate. The Four Basic Steps to Probate 1. File a petition and give notice to heirs and beneficiaries. As described above, the probate process begins with the filing of the petition with the probate court to either (1) admit the will to probate and appoint the executor or (2) if there is no will, appoint an administrator of the estate. Generally, notice of the court hearing regarding the petition must be provided to all of the decedent's heirs and beneficiaries. If an heir or beneficiary objects to the petition, they have the opportunity to do so in court. Also, generally, notice of the hearing is published in a local newspaper. This is to attempt to notify others, such as unknown creditors of the decedent, of the beginning of the proceeding. 2. Following appointment by the court, the personal representative must give notice to all known creditors of the estate and take an inventory of the estate property. The personal representative then gives written notice to all creditors of the estate based upon state law; any creditor who wishes to make a claim on assets of the estate must do so within a limited period of time (which also varies by state). An inventory of all of decedent's probate property, including real property, stocks, bonds, business interests, among other assets, is taken. In some states, a court appointed appraiser values the assets. When necessary, an independent appraiser is hired by the estate to appraise non-cash assets. 3. All estate and funeral expenses, debts and taxes must be paid from the estate. The personal representative must determine which creditor's claims are legitimate and pay those and other final bills from the estate. In some instances, the personal representative is permitted to sell estate assets to satisfy the decedent's obligations. 4. Legal title in property is transferred according to the will or under the laws of intestacy (if the decedent did not have a will). Following the waiting period to allow creditors to file claims against the estate, and all approved claims and bills are paid, generally, the personal representative petitions the court for the authority to transfer the remaining assets to beneficiaries as directed in the decedent's last will and testament or, if there is no will, according to state intestate succession laws. If the will calls for the creation of a trust for the benefit of a minor, spouse or incapacitated family member, money is then transferred to the trustee. Unless the beneficiaries of the estate waive the requirement as allowed under some state laws, the petition may include an accounting of how the assets were managed during the probate process. Once the petition is granted, the personal representative may draw up new deeds for property, transfer stock, liquidate assets and transfer property to the appropriate recipients. In short, a properly drafted will, updated regularly to account for life changes, organized records of debts, personal property and other assets simplifies the probate process. The easier it is for your personal representative to trace your steps after you're gone, the easier the process. The Author K.P.Satish Kumar M.L. is the leading Property Advocate in Chennai. You can talk to the top property lawyer, top probate lawyer for free 15 minutes @ 9840802218. Queries about Top Probate advocate in Chennai, leading property in Chennai, advocate for will, advocate for probate. Daniel & Daniel Advocates @ 9840802218

How to apply for a Succession Certificate in Chennai - How to apply Succession Certificate in Tamil nadu - 9840802218

Section 372 of the Indian Succession Act, 1925, provides for the procedure to obtain the succession certificate. Petition A duly signed and verified application, as per the code of civil procedure 1908, must be made to the civil court or high court of competent jurisdiction. Top documentation lawyers in India can draft and file a petition for succession certificate on your behalf. Details Details like petitioner’s name, the name of legal heirs of deceased, relationship of the petitioner with deceased, right of petitioner, residences of relatives and family of deceased and details of death along with the death certificate debts and securities for which the succession certificate has to be obtained have to mentioned in the petition. Fee According to Schedule II of The Court Fees Act, 1870, a certain amount is levied as court fee for this process. Stamp Duty may vary from state to state. Process The court issues a newspaper notice for 45 days. Any person having a problem with it can file objections. If the court doesn’t receive any objection, it issues succession certificate. Documents required for obtaining Succession Certificate (I) Death certificate (ii) Pan Card of all the legal heirs (iii) Ration card of all the legal heirs (iv) Prescribed application form by affixing a court fee stamp. Do you need to go through Succession Certificate if there is no Will? • Can you avoid Succession certificate without having a Will ? • How do I apply succession certificate if there is no Will ? • How to apply for a Succession Certificate? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com

Fixed deposit must be paid only to nominees, says Madras High Court

In the event of the death of a Fixed Deposit holder, the deposited money should be paid only to nominees even if there were rival claims by other individuals on the ground of being the legal heirs of the deceased, the Madras High Court Bench here has said. Justice K.K. Sasidharan made the observation while allowing a writ petition filed by M. Rajeswari of Virudhunagar who had been nominated by her husband Muthuchamy to receive Rs. 8.5 lakh deposited by him with the Virudhunagar District Central Cooperative Bank. The judge said that the bank should necessarily pay the amount to the nominee and it could not be heard to say that the amount was not disbursed to her just because there was a rival claim made by another legal heir of the depositor. Sounding a note of caution, the judge said that the payment of the entire deposited amount to the nominee would not in any way stand in the way of other legal heirs claiming their proportionate share from the nominee by instituting appropriate civil proceedings. They could even obtain an interim order from the civil court restraining the bank from disbursing the amount to the nominee until the dispute over their share was sorted out. But in no circumstances, a bank could stop disbursement on its own by citing rival claims. The purpose of nominating a person with respect to fixed deposits was to simplify the procedures involved in disbursing the amount. There was no legal requirement that a person nominated must be the legal heir or representative of the depositor, the judge added.

What to do When a Fixed Deposit Holder dies before Maturity - How to get Fixed deposit when no nominee is appointed - 9840802218

Death is a certainty. If the company fixed deposit holder dies before the maturity of the company fixed deposit, it becomes a task for his survivors to claim the money. Here is how you can overcome that situation. Fixed deposits are a popular investment option especially among the retired citizens who live on regular income. To avoid uncomfortable situations and running around. investors and their family members should be aware of the claim process in case of death of the deposit holder. Death is a certainty and to avoid inconvenience of cumbersome process of claiming maturity proceeds of a fixed deposit, it is advisable to take care of this aspect right at the time of investing in a fixed deposit. But before that, let's understand the different options and the consequences, in which a fixed deposit investment can be held. MODE OF HOLDING Joint holding with “Anyone or Survivor” option This is the most preferred and convenient option for ensuring that survivors do not have to face any problem in claiming the deposit amount on maturity. If the first holder or the joint holder dies, the surviving holder has to inform the company about the same and submit a copy of death certificate. On receipt of the same, company will delete the name of the deceased deposit holder and the surviving person shall receive the proceeds on maturity.Please note that deposit does not become payable to surviving depositor on the date of death itself. Joint holding with “Either or Survivor” option Under this option, if the first holder dies, then the survivor can claim the deposit amount on maturity by following the same procedure as explained above. However, if the second holder dies, first holder can request the company to delete the name of deceased joint holder and replace it with another name of his choice. Joint holding with “Joint Holding” option Under this option, deposit proceeds will be paid to the first holder only when both the joint depositors sign on the FDR as discharge of the same. However, in case of death of one of the joint depositor, the surviving depositor will be entitled to receive the proceeds by following the same procedure as explained above. Single holding with “Nomination” option In case the deposit is held in a single name and one or more persons are nominated to receive the proceeds in unfortunate event of death of single depositor, the maturity proceeds will be paid to the nominee(s) as a Trustee(s) of the depositor. In case the single depositor has made a separate Will for settlement of his assets, the nominee(s) will be bound to honour that. Single holding without “Nomination” option This is the most risky and avoidable option as in case of unfortunate death, the survivors or the heirs of the deceased investor will have to complete several cumbersome formalities, like producing a Will or a Succession Certificate to claim the deposit amount. TAXATION The maturity proceeds will not be taxed in the hands of the final recipient as there is no estate duty in our country as per the current tax laws in force. However, the interest amount if any will be added to the recipient's income and will be taxed accordingly. PREMATURE PAYMENT It may be noted that deposit amount will be payable only on the date of maturity and not earlier on the date of death. However, the surviving person or the legal heir can request the company for a premature payment of the deposit and this is the prerogative of the company to accept or decline such request. CONCLUSION Choosing the right mode of holding goes a long way in making smooth transfer of money to one's heirs. Opt for the right mode and make proper nominations. Keeping your family members aware of the process too helps. Do you need to go through Succession Certificate if there is no Will? • Can you avoid Succession certificate without having a Will ? • How do I apply succession certificate if there is no Will ? • How to apply for a Succession Certificate? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com

How to update a Will - How to include a new property in a Will - 9840802218

Not updating the will DON’T THINK your job is over once the will is made. If there is any alteration in the status of either assets or heirs, you should draft another will to incorporate the changes. There is no limit on the number of times you can update the will. Any lifestage development, such as the birth of a child, marriage or divorce, will call for a redistribution of assets. Similarly, if any asset has been sold or new ones bought during the testator’s lifetime, these will have to be removed or included in the list as per the owner’s wishes. For Nagaraj, who is self-employed, this is a real possibility because he is only 47 and has two kids, one of whom is a minor. “If there is a change in my assets, which is very likely, I will update the will,” he says. Updating is not very difficult. All you have to do is to draft a new will, including a declaration that it is your final will and revoking all other previous wills and codicils (this is a document executed by a person who had previously made a will, but wants to modify, delete or revoke it). Put in the changes as desired and have it witnessed and signed as in the case of your earlier will. You should also register the updated will, rendering the previous one invalid. This doesn’t, of course, mean that the unregistered will shall not be considered by the court, since as per law, the last drawn will is considered whether it is registered or not. Do you need to go through probate if there is a Will? • Can you avoid probate by having a Will ? • How do I apply if there is no Will ? • How to apply for a probate ? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com

How to write a Will in India - How to write Will without mistakes - How to execute a Will in India -- 98408802218

Not being specific & detailed WRITING A SPARSE, vague will is another error that can be easily contested and exploited. “The will should be extremely detailed to avoid any future confusion and dispute among family members,” says Bobby Portia Alex, leading women Lawyer in Madras High Court. To make your will precise, ensure that you list all your assets, movable and immovable, in great detail. “Make your will as specific as possible. Mention each and every bank account, locker numbers, or property details,” affirms Bobby Portia Alex. This means that you mention every bank account, with the number, bank name and address. Similarly, for investments and insurance, list the scheme name, number, financial institution, and insurer, along with the addresses. For more than one property, distinguish each one clearly by listing dates of purchase, addresses, taxes paid, etc. "The most important aspect of a will is the testator’s valid signature. Since a will can be written on a blank paper, signature is the only authentic detail in it." As for heirs, don’t forget to mention the full name and your relationship with the specified person, as well as the assets you want to pass on to them. Don’t use nicknames or other details about the person that cannot be verified officially. Doing so can create unnecessary confusion. Do you need to go through probate if there is a Will? • Can you avoid probate by having a Will ? • How do I apply if there is no Will ? • How to apply for a probate ? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840802218 email: advocatechennai@gmail.com

Not making a Will is a biggest blunder of a death person - Don't lead your children's in a long legal battle without making a will - How to write a will - 9840802218

Not having a will THIS IS PROBABLY THE biggest mistake when it comes to estate planning. Nobody quite believes they are going to die or that they need to make a will yet, no matter what their age. However, this is one step that needs to be taken as soon as you hit your 50s, or earlier if you have multiple assets and properties, especially if you anticipate trouble over your inheritance. “My father was only 55 when he died of a heart attack and he didn’t leave a will. Since he had failed to appoint a nominee for any of the bank accounts, investments or properties, we had to spend a large amount of time and money fighting for our own money,” says 23-year-old Vignesh from Chennai. The family ended up spending nearly two years and Rs 16 lakh to claim their property due to the absence of a will and nominations. More time and higher expenses: The legal heirs will typically have to spend large sums to acquire mandatory documents like a succession certificate or letter of administration in order to transfer titles, cash, investments, assets or properties, not to mention paying the prohibitive lawyers’ fees. A succession certificate is required in the case of a movable property by applying to the high court or magistrate. The letter of administration is needed in the case of an immovable property and is also issued by the court. While having nominees helps with the immediate transfer of cash and certain movable assets, you still need the legal documents because, technically, a nominee is only a caretaker of assets and will eventually have to pass on these to the legal heirs. Undesirable distribution of assets: A will enables you to decide which asset you want to give to which heir, in what proportion and, without one, you have no power over who inherits your assets. “If there is no will, your financial plan will be of no use,” says K.P.Satish Kumar, leading Probate Advocate and Property Lawyer in Chennai. “Suppose you wanted your minor daughter to have Rs 1 crore for higher studies. Not leaving a will means this amount may be distributed among, say, five legal heirs, and she will end up with only Rs 20 lakh,” he says. Adds Bobby Portia Alex, Advocate, Madras High Court: “The whole purpose of making a will is that you want to interfere with the normal line of succession.” Without a will, the court will follow the provisions of the succession law because it doesn’t know how you wanted to distribute your assets. Succession laws enforced: Without a will, the assets will be distributed as per the provisions of the Succession Act as per your religion. For instance, Hindus, Buddhists, Jains and Sikhs are governed by the Hindu Succession Act, 1956, and Hindu Succession (Amendment) Act 2005. Do you need to go through probate if there is a Will? • Can you avoid probate by having a Will ? • How do I apply if there is no Will ? • How to apply for a probate ? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com

How to draft a will Correctly - Important things in the Will - 9840802218

Drafting the will incorrectly YOU CAN draft the will either on your own, through a lawyer, or via any of the online will-makers. The important thing is to get it right. “I did not know any lawyers, so I researched online and got it done through a will-maker,” says Chennai-based Ramalingam. But drafting a will without a lawyer who has experience in Will and testamentary succession some time leaves to keep a witch craft in our expenses. If any of the details are not precise or you get them wrong, the will can be easily contested in court. so engage a lawyer in the Probate field to write a Will without any flaws. Make sure you enter all the essential personal details, including name, address, place and date, correctly; put in the full name and relationship of beneficiaries; mention the assets precisely; have it done in the presence of two witnesses; and sign it along with the witnesses and their details. “The most important aspect of a will is a valid signature of the person making it. Since a will can be written on a blank paper, the signature is the only authentic detail in it,” says K.P.Satish Kummar a leading Probate Advocate and Property lawyer in Chennai. Do you need to go through probate if there is a Will? • Can you avoid probate by having a Will ? • How do I apply if there is no Will ? • How to apply for a probate ? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840802218 email: advocatechennai@gmail.com

Can a person gift his property instead of writing a Will - Can a settlement can be made to children's without writing a Will - Writing a Will is safety - 9840802218

Gifting assets during one’s lifetime MANY PEOPLE believe that the best way to avoid family disputes over inheritance is to gift away as many assets as possible during their lifetime. “This can be a double-edged sword,” says leading property lawyer Mr.K.P.Satish Kumar. “If you gift an asset, say a property, while you are still alive, it will be immune to challenge. At the same time, it can make old people vulnerable because once the property is in the hands of the children, they can ill-treat their parents,” he says. If, instead, it is willed to the child, the balance of power remains with the parents. If you no longer need a particular asset, gift it by all means, be it an artefact, art work or jewellery. “However before you decide to do so, understand the difference between a gift deed (a legal document used to describe the transfer of gift without exchange of money), and a will. A will, whether it is registered or not, is revocable during the lifetime of the testator. On the other hand, a gift deed, once executed, is irrevocable,” says Bobby Portia Alex leading women's property rights Advocate in Chennai. Do you need to go through probate if there is a Will? • Can you avoid probate by having a Will ? • How do I apply if there is no Will ? • How to apply for a probate ? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840802218 email: advocatechennai@gmail.com

How to write Will on Minor Children - Thinks to consider before writing a property to minor children - 9840802218

Passing on assets to minor children IF YOU HAVE minor children to whom you want to pass on your assets, make sure that you appoint a guardian for them during the drafting of the will. If there is no guardian and the minor child gets the assets when you die, the court will typically get involved, especially if the inheritance is significant. If a guardian is nominated, he can act as a caretaker for the minor’s assets till he becomes an adult. A parent can easily nominate the other parent as a guardian in case he/she passes away. Grandparents or other close relatives can also be appointed as guardians. Doing so is also important because though minors can be on the title, they cannot conduct business in their own names. “If no guardian has been appointed, and the owner’s signature is required to sell, finance or conduct other business transactions, the court typically gets involved to protect the child’s interests,” says K.P.Satish Kumar leading Lawyer for Wills and probate. He insist clearly that one should understand the significance when one of the children is still a minor. This is the reason one has to rightly appointed a guardian for his child. Do you need to go through probate if there is a Will? • Can you avoid probate by having a Will ? • How do I apply if there is no Will ? • How to apply for a probate ? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com

How to appoint a executor for a Will- Who can be appointed as a executor of a Will - 9840802218

Appoint a right executor in case of Not appointing the right executor THIS IS A VERY common mistake among those making a will as they either appoint people who are in the same age group or someone who doesn’t have their best interests at heart. “People tend to appoint as executors relatives, friends or those in the same age bracket, instead of selecting younger people,” says K.P.Satish Kumar Managing Partner Daniel & Daniel. “Another common mistake is appointing minor children as executors,” he says. “One must ensure that the executor is the best choice for the time-consuming and complex job. He or she must be trustworthy, know about your wishes, and work according to your will, not his own,” he adds. To ensure objectivity and avoid any vested interests in execution, you could also have a third-party administrator for your estate, as did Chennai-based Property dealer Mr.Rajesh Jain , who has recently had a will drafted for his mother through a lawyer. “We didn’t want any relatives as executors and, for a nominal amount, we have appointed a third-party executor to avoid conflict of interest,” he says. Do you need to go through Succession Certificate if there is no Will? • Can you avoid Succession certificate without having a Will ? • How do I apply succession certificate if there is no Will ? • How to apply for a Succession Certificate? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com

What is Will. What is Probate. How to resolve Property disputes in Chennai - 9840802218

Will is a legal declaration of the intention of a testator with respect to his property, both movable and immovable. The essential characteristics of a Will are that it must be intended to come into effect after the demise of the testator and it must be revocable by the testator at any time. Many disputes can be resolved at the very outset if there is a clear disposition of one's property in a Will. Had late Sanjay Gandhi, son of late Indira Gandhi, left behind a Will, the possibility of any dispute surfacing between the mother and her daughterin-law would have been remote. By means of a Will, one can appoint in writing, a testamentary guardian for his infant children. One can have somewhat greater provision for a handicapped child, a widowed daughter or an invalid parent. One can make some provision for a faithful servant, a nurse, a friend in need of money and so on. Further one can fulfill his spiritual desires like creating a trust, donating to good causes like orphanages, temples, old age homes, hospitals, educational institutions, social service organisations etc. Any one of sound mind and not being a minor may dispose of his/her property by Will. Registration of a Will is purely optional and it is not compulsory. It cannot be ordinarily be tampered with, destroyed, mutilated , lost or stolen. It is kept in the safe custody of the office of the Registry. If an unregistered Will is lost, the testator's wish cannot be given effect as it will be difficult to trace the Will. Probate is a document issued under the seal and signature of a Court officer , certifying that a particular Will was proved, with a copy of the will annexed. The Supreme Court has recently held that petition for probate or letters of administration of the Will of a testator must be filed within three years from the date of death of the testator.No probate is necessary for Christian and Muslim Wills. Under Muslim law, male and female can make Will. Will by Pardanasin woman is also valid but stronger evidence is needed to prove the genuineness of the same. The executor is the most important person in the Will. An executor has a duty to collect and realise the estate of the deceased, pay his debts and distribute the legacies as mentioned in the Will by the testator. The duty of the executor is to probate the Will in a manner known to law. The court shall grant probate only to an executor who has been named in the Will. All Wills can be revoked, either impliedly or expressly, either by conduct or by a specific document. By conduct, the Will can be presented to be revoked by the testator. For example , a testator may make bequest of property in his Will to a person, but he may dispose of the said property even during his life time. This is called implied revocation. Suppose, the testator makes a bequest of a vacant land in his Will, but subsequently the testator himself constructs a dwelling house therein, in such circumstance, the Will can be deemed to have been expressly revoked by the testator. It has been experienced that when there is a Will, painful litigation in the family of the testator is prevented. Only in a very few cases, litigation crops up questioning the genuineness of the Will. Daniel & Daniel - Top leading Probate lawyer in Chennai - K.P.Satish Kumar M.L. Advocate High Court Madras. Do you need to go through Succession Certificate if there is no Will? • Can you avoid Succession certificate without having a Will ? • How do I apply succession certificate if there is no Will ? • How to apply for a Succession Certificate? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email:

What to do in absence of a Will - Is succession certificate is necessary in absence of a Will- What circumstances a succession certificate is required -- 9840802218

Usually, a succession certificate is the key document that you need. "In the absence of a will, a succession certificate will be the primary document through which the heirs can stake a claim to the assets of a deceased relative," says Bobby Portia Alex. A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name. For a succession certificate, you need to apply to a magistrate or a high court. Usually, courts have a separate cell that issues succession certificates. When it comes to immovable property , there are other documents, like, for instance, a gift deed, that can help. K.P.Satish Kumar Advocate, Managing partner, Daniel & Daniel, says, "In some states, in cases of intestate succession, property can be gifted or the share in the immovable property can be released by the legal heirs to each other. This can be done by executing and registering the gift deed or release deed with the registrar of assurances." It's best to have a will in place, but if there isn't one, certain documents can make up for its absence. The death of a loved one is the most dreaded thing that can happen to any family. It can get even more traumatic when the family realises that the deceased has not left a will behind. In such a situation, the family is usually left running from pillar to post, trying to gain access to the property which, in many cases, could be the only saviour from doom. However, according to experts, the family can still get its due even in the absence of a will, provided it can get hold of a few documents. "A succession certificate and a copy of the death certificate should solve at least 95-96 % of your problem," says Bobby Portia Alex, Advocate Madras High Court Usually, a succession certificate is the key document that you need. "In the absence of a will, a succession certificate will be the primary document through which the heirs can stake a claim to the assets of a deceased relative," says Bobby Portia Alex. A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name. For a succession certificate, you need to apply to a magistrate or a high court. Usually, courts have a separate cell that issues succession certificates. When it comes to immovable property , there are other documents, like, for instance, a gift deed, that can help. K.P.Satish Kumar, Managing partner, Daniel; & Daniel, says, "In some states, in cases of intestate succession, property can be gifted or the share in the immovable property can be released by the legal heirs to each other. This can be done by executing and registering the gift deed or release deed with the registrar of assurances." For access to the deceased's bank accounts, the process differs slightly. If the deceased has made some nominations, then naturally, the nominees will claim the balances. "If there is a nomination made by the deceased, then the nominee can claim the balances/investments based on the nomination," says K.P.Satish Kumar. Bobby Portia Alex points out, "Banks, under RBI's guidelines, are bound to pay to the nominees if the nominations had been registered with the bank. Here registration refers to a confirmation from the concerned bank." But for most people, the real problem arises when there is neither a nomination nor a will. What do you do in such a case? "You need a certified copy of the death certificate to gain access to the bank accounts . The banks usually look to see if the deceased had assigned a beneficiary for the account. If there is no beneficiary, then the succession rule would apply," Usually, the hospital or the crematorium issues the death certificate. As, in most case, securities form a substantial part of assets. "The process of transmission in case of dematerialised holdings is more convenient as the transmission formalities for all securities held in a demat account can be completed by submitting necessary documents to the depository participant (DP), whereas in case of physical securities the legal heirs/nominee/surviving joint holder has to independently correspond with each company in which securities are held," says Bobby Portia Alex. "The claimant should also submit to the concerned DP an application in transmission request form (TRF) along with a notarised copy of the death certificate, in case of the death of the sole holder where the sole holder has appointed a nominee," she adds. Again, a problem will arise when the sole holder has not appointed a nominee. What would you do in such a case? "In such a case, you will need a notarised copy of the death certificate of the holder and any one of the following certificates: succession certificate: a certified copy of the will and the probate (if there is any), a certified copy of the letter of administration (if value of holding is less than Rs 1 lakh)," says Bobby Portia Alex. Imagine a situation where the parent of a child has died suddenly without leaving a will. What can a minor child do in such a case? "A minor child needs to file a case in any court or petition through a guardian under the law or a guardian appointed by the court," says Gupta. "Although minors have the legal capacity to own property, they do not have legal capacity to manage it," says Bobby Portia Alex. Since minors are legally incapable of handling property , a guardian is appointed from among their relatives to manage the property. "Should no one step forward to be a guardian (under the supervision of Court) on account of the fiduciary nature of the responsibility, the court may appoint a guardian and house the share of the minor with such a guardian," adds K.P.Satish Kumar. Do you need to go through Succession Certificate if there is no Will? • Can you avoid Succession certificate without having a Will ? • How do I apply succession certificate if there is no Will ? • How to apply for a Succession Certificate? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email:

How to get Succession Certificate in Chennai - Procedure to get Succession Certificate - 9840802218

Succession Certificate is a certificate granted by the Courts in India to the legal heirs of a person dying intestate leaving debts and securities. A person is said to have passed away intestate when he/she does not leave a legal Will. Succession certificate entitles the holder to make payment of debt or transfer securities to the holder of certificate without having to ascertain the legal heir entitled to it. Succession certificate provides indemnity to all persons owing such debts or liable on such securities with regards to all payments made to or dealings had in good faith with a person to whom a certificate as granted. Hence, many organisation and person request for succession certificate before settling the debts or securities of the deceased in favour of the person claiming such debts or securities. Procedure for Obtaining Succession Certificate To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found. Petition for Certificate A petition for succession certificate must contain the following particulars: Time of death of the deceased; Residence or details of properties of the deceased at the time of death within which Judge the jurisdiction falls under; Details of family or other near relatives; The rights of the petitioner; Absence of any impediment to the grant of certificate; Grant of Certificate On making the petition, if the District Judge is satisfied as to the ground of making the petition, can grant an opportunity of hearing to persons who, in his/her opinion, should be heard. After hearing all parties, the Judge can decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for grant of certificate specifying the debts and securities set forth in the application empowering the person to receive interest or dividend or to negotiate or transfer or do both. Restriction on Succession Certificate A court can sometime require a bond with one or more surety or sureties or any other security for rendering an account of debts and securities received by the petitioner of succession certificate for indemnifying the persons who may be entitled to any part of the debt or securities. Validity of Succession Certificate A succession certificate has validity throughout India. If a certificate is granted in a foreign country by an Indian representation accredited to that State, it should be stamped in accordance with the Court Fees Act 1870 to have the same effect in India as a certificate granted in India. Do you need to go through Succession Certificate if there is no Will? • Can you avoid Succession certificate without having a Will ? • How do I apply succession certificate if there is no Will ? • How to apply for a Succession Certificate? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email:

Who can obtain Probate - How can a Probate is obtained - Whom the court grant Probate - 9840802218

A person who expires has either made a ‘will’ or died ‘intestate’. In case a person has made a ‘will’, it should be submitted for Probate after his death. A probate means a copy of the Will, certified under the seal of a competent Court with a grant of administration of the estate to the executor of the testator. It is the official evidence of an executor’s authority. A probate granted by a competent court is conclusive evidence of the validity of a Will until it is revoked and no evidence can be admitted to impeach it except in a proceeding to revoke the probate. In case a person dies ‘intestate’, then all the legal heirs have to apply to a competent court for a ‘Succession Certificate’ so that his property can be devolved upon his successors What is succession Certificate: A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed. Section 372 in The Indian Succession Act, 1925 372 Application for certificate. — (1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:— (a) the time of the death of the deceased; (b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits; (c) the family or other near relatives of the deceased and their respective residences; (d) the right in which the petitioner claims; (e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and (f) the debts and securities in respect of which the certificate is applied for. (2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860). [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.] What is the meaning of Probate of Will in India. A Probate is a document that certifies that the copy of the Will (including Codicils, if there are any) that is attached to it, has been proved in the relevant court. A Probate is issued under a seal of the Court. A Probate can be granted by the Court only to the Executor (ie the person who will implement or execute the Will after its maker’s death). The legal effect of the grant of a Probate is that it establishes the legal character of the Executor to implement the Will and to the validity of the Will. For example if a person appointed as the Executor, transfers certain shares of a company to another person as per the Will, then the company whose shares are being transferred can ask for the status of the Executor, since on their record, the owner is another person. In such a case the Probate establishes the Executor’s right to apply for the transfer of the shares since the owner has died and that the Will is valid. Section 276 in The Indian Succession Act, 1925 276. Petition for probate.— (1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating— (a) the time of the testator’s death, (b) that the writing annexed is his last Will and testament, (c) that it was duly executed, (d) the amount of assets which are likely to come to the petitioner’s hands, and (e) when the application is for probate, that the petitioner is the executor named in the Will. (2) In addition to these particulars, the petition shall further state,— (a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner’s hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate. Do you need to go through probate if there is a Will? • Can you avoid probate by having a Will ? • How do I apply if there is no Will ? • How to apply for a probate ? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.comDo you need to go through probate if there is a Will? • Can you avoid probate by having a Will ? • How do I apply if there is no Will ? • How to apply for a probate ? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com

The Procedure to get Probate in Chennai -- 9840802218

Probate only to appointed executor.- (1) Probate shall be granted only to an executor appointed by the will. (2) The appointment may be expressed or by necessary implication. Illustrations (i) A wills that C be his executor if B will not. B is appointed executor by implication. (ii) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law C, and adds “but should the within-named C be not living I do constitute and appoint B my whole and sole executrix”. C is appointed executrix by implication. (iii) A appoints several persons executors of his will and codicils and his nephew residuary legatee, and in another codicil are these words,–“I appoint my nephew my residuary legatee to discharge all lawful demands against my will and codicils signed of different dates”. The nephew is appointed an executor by implication. Persons to whom probate cannot be granted.- Probate cannot be granted to any person who is a minor or is of unsound mind nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made, by notification in the Official Gazette by the State Government in this behalf. Administration, with copy annexed, of authenticated copy of will proved abroad.- When a will has been proved and deposited in a Court of competent jurisdiction situated beyond the limits of the State, whether within or beyond the limits of India, and a roperly authenticated copy of the will is produced, letters of dministration may be granted with a copy of such copy annexed. Conclusiveness of application for probate or administration if properly made and verified.- The application for probate or letters of administration, if made and verified in the manner hereinafter provided, shall be conclusive for the purpose of authorising the grant of probate or administration; and no such grant shall be impeached by reason only that the testator or intestate had no fixed place of abode or no property within the district at the time of his death, unless by a proceeding to revoke the grant if obtained by a fraud upon the Court. Petition for probate.- (1) Application for probate or for letters of administration, with the will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating– (a) the time of the testator’s death. (b) that the writing annexed is his last will and testament, (c) that it was duly executed, (d) the amount of assets which are likely to come to the petitioner’s hands, and (e) when the application is for probate, that the petitioner is the executor named in the will. (2) In addition to these particulars, the petition shall further state,– (a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner’s hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate. Petition for letters of administration.- (1) Application for letters of administration shall be made by petition distinctly written as aforesaid and stating– (a) the time and place of the destator’s death; (b) the family or other relatives of the deceased, and their respective residences; (c) the right in which the petitioner claims; (d) the amount of assets which are likely to come to the petitioner’s hands; (e) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (f) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (2) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner’s hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate. Do you need to go through probate if there is a Will? • Can you avoid probate by having a Will ? • How do I apply if there is no Will ? • How to apply for a probate ? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com

Who can file Letters of Administration in India - 9840802218

Letters of Administration are granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person’s estate where property will pass under Intestacy Rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased’s will .. Sec.278. Petition for letters of administration.— (1) Application for letters of administration shall be made by petition distinctly written as aforesaid and stating— (a) the time and place of the deceased’s death; (b) the family or other relatives of the deceased, and their respective residences; (c) the right in which the petitioner claims; (d) the amount of assets which are likely to come to the petitioner’s hands; (e) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (f) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (2) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner’s hands is situate in another State, the petition shall further state the amount of such Do you need to go through probate if there is a Will? • Can you avoid probate by having a Will ? • How do I apply if there is no Will ? • How to apply for a probate ? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com

How to get Probate of Will in India - Easy Procedure to get Probate of Will - 9840802218

How to Get Probate in Chennai - Procedure to get Probate in Chennai - 9840802218

What is the meaning of Probate of Will in India. A Probate is a document that certifies that the copy of the Will (including Codicils, if there are any) that is attached to it, has been proved in the relevant court. A Probate is issued under a seal of the Court. A Probate can be granted by the Court only to the Executor (ie the person who will implement or execute the Will after its maker’s death). The legal effect of the grant of a Probate is that it establishes the legal character of the Executor to implement the Will and to the validity of the Will. For example if a person appointed as the Executor, transfers certain shares of a company to another person as per the Will, then the company whose shares are being transferred can ask for the status of the Executor, since on their record, the owner is another person. In such a case the Probate establishes the Executor’s right to apply for the transfer of the shares since the owner has died and that the Will is valid. Section 276 in The Indian Succession Act, 1925 276. Petition for probate.— (1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating— (a) the time of the testator’s death, (b) that the writing annexed is his last Will and testament, (c) that it was duly executed, (d) the amount of assets which are likely to come to the petitioner’s hands, and (e) when the application is for probate, that the petitioner is the executor named in the Will. (2) In addition to these particulars, the petition shall further state,— (a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner’s hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate • Do you need to go through probate if there is a Will? • Can you avoid probate by having a Will ? • How do I apply if there is no Will ? • How to apply for a probate ? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 Email: advocatechennai@gmail

The Difference Between Succession Certificate and Probate - To Get Succession Certificate - 9840802218

A person who expires has either made a ‘will’ or died ‘intestate’. In case a person has made a ‘will’, it should be submitted for Probate after his death. A probate means a copy of the Will, certified under the seal of a competent Court with a grant of administration of the estate to the executor of the testator. It is the official evidence of an executor’s authority. A probate granted by a competent court is conclusive evidence of the validity of a Will until it is revoked and no evidence can be admitted to impeach it except in a proceeding to revoke the probate. In case a person dies ‘intestate’, then all the legal heirs have to apply to a competent court for a ‘Succession Certificate’ so that his property can be devolved upon his successors What is succession Certificate: A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed. Section 372 in The Indian Succession Act, 1925 372 Application for certificate. — (1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:— (a) the time of the death of the deceased; (b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits; (c) the family or other near relatives of the deceased and their respective residences; (d) the right in which the petitioner claims; (e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and (f) the debts and securities in respect of which the certificate is applied for. (2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860). [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.] What is the meaning of Probate of Will in India. A Probate is a document that certifies that the copy of the Will (including Codicils, if there are any) that is attached to it, has been proved in the relevant court. A Probate is issued under a seal of the Court. A Probate can be granted by the Court only to the Executor (ie the person who will implement or execute the Will after its maker’s death). The legal effect of the grant of a Probate is that it establishes the legal character of the Executor to implement the Will and to the validity of the Will. For example if a person appointed as the Executor, transfers certain shares of a company to another person as per the Will, then the company whose shares are being transferred can ask for the status of the Executor, since on their record, the owner is another person. In such a case the Probate establishes the Executor’s right to apply for the transfer of the shares since the owner has died and that the Will is valid. Section 276 in The Indian Succession Act, 1925 276. Petition for probate.— (1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating— (a) the time of the testator’s death, (b) that the writing annexed is his last Will and testament, (c) that it was duly executed, (d) the amount of assets which are likely to come to the petitioner’s hands, and (e) when the application is for probate, that the petitioner is the executor named in the Will. (2) In addition to these particulars, the petition shall further state,— (a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner’s hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate. Advertisements Do you need to go through Succession Certificate if there is no Will? • Can you avoid Succession certificate without having a Will ? • How do I apply succession certificate if there is no Will ? • How to apply for a Succession Certificate? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com

What is Succession Certificate - To Get Succession Certificate in Chennai - 9840802218

A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed. Section 372 in The Indian Succession Act, 1925 372 Application for certificate. — (1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:— (a) the time of the death of the deceased; (b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits; (c) the family or other near relatives of the deceased and their respective residences; (d) the right in which the petitioner claims; (e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and (f) the debts and securities in respect of which the certificate is applied for. (2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860). [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.] 370. Restriction on grant of certificates under this Part.— (1) A succession certificate (hereinafter in this Part referred to as a certificate) shall not be granted under this Part with respect to any debt or security to which a right is required by section 212 or section 213 to be established by letters of administration or probate: Provided that nothing contained in this section shall be deemed to prevent the grant of a certificate to any person claiming to be entitled to the effects of a deceased Indian Christian, or to any part thereof, with respect to any debt or security, by reason that a right thereto can be established by letters of administration under this Act. (2) For the purposes of this Part, “security” means— (a) any promissory note, debenture, stock or other security of the Central Government or of a State Government; (b) any bond, debenture, or annuity charged by Act of Parliament 1[of the United Kingdom] on the revenues of India; (c) any stock or debenture of, or share in, a company or other incorporated institution; (d) any debenture or other security for money issued by, or on behalf of, a local authority; (e) any other security which the 2[State Government] may, by notification in the Official Gazette, declare to be a security for the purposes of this Part. Do you need to go through Succession Certificate if there is no Will? • Can you avoid Succession certificate without having a Will ? • How do I apply succession certificate if there is no Will ? • How to apply for a Succession Certificate? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com

Divorce within 10 days in Chennai

If a Hindu married couple is separating by mutual consent then they no longer need to wait for six months for getting a separating order from the court. Supreme Court held that marriage between two Hindus can be legally terminated in just a week as the “cooling off” period can be waived off as it is not mandatory. The Apex court clarified that if all the efforts to reunite parties and mediation and conciliation also fails between them then the wait for a six-month period can be done away with. This ruling was passed by the court after a petition was filed by a couple seeking direction to waive off the cooling off period as they have been living separately for 8 years and they had already settled all issues pertaining to child custody and alimony.The couple made a plea before the Supreme Court that delay in divorce would affect their chances to resettle in life. In the present matter, the court took a stand that delay in proceedings only prolongs subsequent resettlement. Waiving off period can be considered if the parties have been living separately already for a year. The court said, “The object of the provision is to enable the parties to dissolve a marriage by consent if the marriage has irretrievably broken down and to enable them to rehabilitate them as per available options. The amendment was inspired by the thought that forcible perpetuation of the status of matrimony between unwilling partners did not serve any purpose. The object of the cooling off period was to safeguard against a hurried decision if there was otherwise the possibility of differences being reconciled.” The bench comprising of Justice AK Goel and UU Lalit said that the object of the cooling off period is to safeguard against a hurried decision taken by a couple to get separated and to allow them to explore ways to settle their disputes however this could not be made mandatory. As per Section 13B(2) of the Hindu Marriage if both the parties do not change their pleas for divorce in a time period not less than six months and not later than 18 months, then the court pass the decree to declaring the marriage to be dissolved. The court observed that the period of six months to 18 months provided in section 13B is an interregnum to give time and opportunity for the couple to reflect on their move. This period can be waived off if conciliation fails and parties have genuinely settled their differences pertaining to alimony, custody of the child or any other issues pending between them. The bench observed, “The object was not to perpetuate a purposeless marriage or to prolong the agony of the parties when there was no chance of reconciliation. Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option.” The Supreme Court bench after examining all the issues came to the conclusion that Section 13B(2) is mandatory and not a directory. The court held that the cooling off period could be waived off if the court is satisfied that the parties are living separately for more than a year with no chance of reconciliation and a further waiting period would only prolong their agony. The bench held that the parties can file a waiver application just one week after the divorce petition is filed and the court will take a call on the waiving off period. The Author K.P.Satish Kumar M.L. is the top Divorce lawyer in Chennai For Free Legal queries call Daniel & Daniel At 9884883318