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Legalities around Nanaji's will

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-Purva-

IF-Dazzler

-Purva-

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Posted: 31 July 2013 at 1:53pm | IP Logged
There is a lot of merit in what Rubel says about challenging the will.

The first point is related to Manik's share. If Nanji's property/business was built using ancestral inheritance, and Manik did not get his share only then would giving him 50% share be normal. Else I find the entire thing extremely stupid and questionable. One legal point in Rubels' favor is that PD was probably losing his logical reasoning powers and that's why he made Manik, whom he hadn't seen in 30 odd years, a major beneficiary in the will - clear sign of losing grip.

Usually when one makes a will that  favors one family member over another it is advisable to discuss the contents of the will with all concerned people prior to drafting the will so that they know in advance what responsibilities they might be expected to shoulder, or like in Harish's case what lifestyle adjustments they might need to make.

Coming to the actual will. Suppose PD had died without a will the property would've been divided in three equal shares - one each for Avantika, Anuj and Preeti. Avantika's share would be further divided equally between her and Adi. Anuj's share would have three equal divisions - one each for Anuj, Kaira and Rubel. Preeti since she does not have any children would get the biggest share. So approximate final division would be Preeti with 33%; Avantika and Adi with 16% each and Anuj, Kaira and Rubel with 11% each. Rubels' share would be further split equally between him and his child, i.e. Rubel would've ended up with 5.5% of the property.

However this does not take into account the 30 odd years Avantika and Anuj spent in working for Dewan Industries and their contribution to it. By rights PD, Avantika and Anuj should've had a 50, 25, 25 share in the business. Avantika's share to be equally divided between her and Adi - i.e. both get 12.5% each. Anuj's share to be divided between him and Kaira and Rubel - all three get approx. 8% each. PD was free to give away his share to anyone he liked.

In destroying PD's will this was the shareholding pattern Anuj would've gone for - for Dewan mansion and other immovable property as per Para 2 and the business as per para 3. 

Legal Rubel would not have inherited a whole lot - just the smallest percentage. By denying Rubel even this much PD has been really unfair to him. Also while PD was free to dispose of personal property as he liked, he should not have made any stipulations about how business shares should be divided - that is really very unfair to Avantika and Anuj. I'm not taking Preeti in to consideration for Business because her contribution to it has been zero just like Sheela or Harish.

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Camryne

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Posted: 31 July 2013 at 3:17pm | IP Logged
very clear explanation. I get your point. Even I was quite sad for Rubel I was thinking if NAna ji would give a share to  Rubel even a big one Rubel would fight with everyone to have a share bigger and bigger. 

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-Purva-

Coffeegirl123

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Posted: 31 July 2013 at 3:41pm | IP Logged
I'm sorry, I didn't feel sorry for Rubel at all

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-Purva-

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IF-Dazzler

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Posted: 01 August 2013 at 3:22am | IP Logged
Originally posted by Camryne

very clear explanation. I get your point. Even I was quite sad for Rubel I was thinking if NAna ji would give a share to  Rubel even a big one Rubel would fight with everyone to have a share bigger and bigger. 


I doubt Rubel would've fought with others for a bigger share had he been given his share - he might've cribbed that he was not appreciated but to totally leave him out of the will was unfair. Especially since PD went and told him that he was reinstating Rubel's allowances and status in the family and he was happy with the change in him.

One can't give assurances like that to a person and stab them in the back like this. Rubel was always insecure about his position in the family since Adi was everyone's favorite. He only wanted a fair share of what w
as due to him. In light of this will it seems he was right.


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Raadhni

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Posted: 01 August 2013 at 3:24am | IP Logged
Originally posted by Coffeegirl123

I'm sorry, I didn't feel sorry for Rubel at all


I'm not surprised, because you might be looking at it from the perspective of hero and villain in a story, so your reaction is emotional. However objectively speaking Rubel, Kaira, Preeti and Anuj have all been given a raw deal.

I wonder how everyone would've reacted if PD had given 50% share to Latika and signing authority to Sheetal - would Anuj still say that the will should not be challenged?
Would the rest of the family keep quiet then, accepting this as PD's wishes? Would they not have questioned the genuineness of the will?


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rakhini

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Posted: 03 August 2013 at 5:50am | IP Logged
heeey I'm sorry thats not right!!!!!!...this is not the way a persons property is divided !!!!
If a person dies without any will then the property will be divided equally between his children and wife (but here naniji is dead) so three equal shares ...and 'Thats IT'!!!! ...there won't be any further divisions!!
Avantika,Anuj and preethi gets equal shares .. No... none of his grandchildren have any legal right over his property when his children are alive !!!.Adi,Rubel or Kaira won get anything...

so if at all anuj dies without a will ( only in that case) his share will be equally divided between Kaira and Rubul  ...rubel gets 1/2 of the 1/3 of total share thats 1/6 ...and that is 16% of the total share


Edited by rakhini - 03 August 2013 at 5:53am

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MrDarcyfan

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Posted: 03 August 2013 at 6:28am | IP Logged
It makes NO sense for PD to leave 50% of his property to his brother! No sense at all, when it is PD, and then Avantika and Anuj that ran the business! WHY should this Manik get a 50% share? He doesn't deserve it!

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...SankaDevi...

-Purva-

IF-Dazzler

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Posted: 03 August 2013 at 12:54pm | IP Logged
Originally posted by rakhini

heeey I'm sorry thats not right!!!!!!...this is not the way a persons property is divided !!!!
If a person dies without any will then the property will be divided equally between his children and wife (but here naniji is dead) so three equal shares ...and 'Thats IT'!!!! ...there won't be any further divisions!!
Avantika,Anuj and preethi gets equal shares .. No... none of his grandchildren have any legal right over his property when his children are alive !!!.Adi,Rubel or Kaira won get anything...

so if at all anuj dies without a will ( only in that case) his share will be equally divided between Kaira and Rubul  ...rubel gets 1/2 of the 1/3 of total share thats 1/6 ...and that is 16% of the total share


Yes the property DOES get divided equally between the three kids equally - but the grandchildren are also entitled to a share of the property of grandparents - intheir case it becomes "ancestral property". However for the grandchildren the property is divided equally between the parents and kids. This is to ensure that Sheetal's rights are protected. Her rights come into play only in case of Anuj's death. Which is why each share gets divided the way I've explained.


The reason such a provision has been added in the inheritance laws is to protect the rights of children born to first/second spouse or those born out of wedlock. This way these children cannot be cheated out of their rights.



Edited by -Purva- - 03 August 2013 at 1:03pm

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