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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