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sudhakar (student)     06 May 2017

Can father select youngest son to his funeral rites in will

Respected sir/madam,

                                    Here by requsting that ,kindly give information regarding ,father has two sons elder son is first wife's son and younger son is second wife' son.   father married second wife after death of first wife .now can father write in WILL to select second wife's son(younger) for his entire rites of cremation and kindling of fire funeal pyre?  due to first wife's son not taking care of his father.

only second wife's son(younger)  taking care of his health and food maintenance.

                                                 please give me sir your valuable suggestion as per law

Regards

k sudhakar reddy

9908805518



Learning

 4 Replies


(Guest)

In Will he can write,

But if dispute arose at time of funneral then what can be done ? 

See Dr. recomends body to be given fire within 5-6 hours , now in that 5-6 hours or earliest possible time all are tense some where, in this tension if this dispute arise who can to decide all ?

I will put in other words , now a days at time of funneral Municipal Coproation recomends burning body in absence of wood by some Bhati (It is  electric) , and traditional wood is also available. 

Now in that case if some one opp. electric and some one opp. wood what can be done ? Settle ambiguily 

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If you ask me I will always insist on latest technology but my relatives will say it is our tradition of wood . 

So such dispute can not be taken in legal forum because who will be Judge for all this ? and who will pass order in last time , No provision in law to say do this or do that , or make this binding 

But some uniquie legal trick if any one can suggest wait , 
 

One case I remeber it happens in sub-ordinate court -- " Famous Advocate filled for declaration that he should be declared no religious , and no religion affects him , Exact declaration I don't remember because order I did not read, But I knew both that Advocate and Judge .  Judge in order said such declaration can not be given that you belong to no religion because under circumstances  how your funeral should be conducted , because at end funeral is fixed part of life (disposal of dead body) and how it will be disposed , so such declaration was rejected for him "

Similarly go for some kind for declaration any how that person was Advocate so no legal expenses for him but for you any declaration can cost you a lot . 

Any how Will can be option but if will is not followed in tense hour then what are legal remedies available for others ? 

Emergency Mid night Court ( I know some emergency matter people come to trouble Judges in their official residence for some emergency order , but this will be too much ) 

 

Kumar Doab (FIN)     06 May 2017

Last wish of deceased in WILL is supreme.

The deceased father can leave such WILL.

NO Bar.

It is way of showing by father that was ignored in his life time, by careless son.

Dr J C Vashista (Advocate)     07 May 2017

Nothing wrong/ illegal. 

However, it (this query) do not involve any legal dispute to be opined and advised.

G.L.N. Prasad (Retired employee.)     07 May 2017

Reddy garu,

When many sons wish to avoid that responsibility even (may be residing abroad and other reasons), when your father has relieved your from your responsibilities, thank him and let things happen as per his last wish.  You may at the same time perform other activities as you like except cremation.  I have seen many families where persons even warned wills not to grant even last visit to the dead bodies for named persons..

What is all this when a human being was never take care of when he is living, and fight at dead body ?


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