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Swami Sadashiva Brahmendra Sar (Nil)     29 May 2009

Validity of a will

A lawyer has made a provision in his will that all law books in his library shall be burnt alongwith his dead body. is this clause of the will valid ?

 



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 7 Replies

Y V Vishweshwar Rao (Advocate )     30 May 2009

Dear Thripathi Ji - My Answer is -No - the Clause in the Will Deed  is not valid !

All Indian law Books , even published by private Firms /co./organisations &  owned by private persons / advocates ,  represent  our  Indian Constitution , as they will  be in confirmity with Constitution , Therefore the desire  clause in the Will  Deed of Advocate " to burn all his  Law Books along with his dead body " is not proper and can not be visualised .  It is disregard to Indian laws / Statutes /books

 

N.K.Assumi (Advocate)     30 May 2009

Dear Raoji, if that is so, are we not failing to carry out the legal declaration of the testator and his desire regarding his properety after his death? Is there ant limitation on the testator which he desire to be carried out after his death? What about currency notes?

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Swami Sadashiva Brahmendra Sar (Nil)     30 May 2009

Dear Assumi ji ! there is no objection about disposal of other properties . other movable and immmovable properties have been distributed properly. doubt is being raised on the ground as alleged by Shri Rao, only with regard to disposal of law books.

Y V Vishweshwar Rao (Advocate )     31 May 2009

Dear Assumi Mr Thripati Rightly  discussed

My View is  that every desire of the Testator need not be carried out- when the Desire is , not diserable , not aceptable, which is not proper.  etc----

Swami Sadashiva Brahmendra Sar (Nil)     31 May 2009

plz supplement in the query that - above condition i.e. "burning of books" is a key condition. distribution of property is subject to its compliance.

R.M.Bhaduri (Lawyer)     03 June 2009

No absolutely not, this clause cannot be the taken into consideration for a valid Will.

Y V Vishweshwar Rao (Advocate )     03 June 2009

A desire  of Individual Person which is not proper durign his life time , , is also not proper after his death, such desire  under  Will Deed can not be carried out  !  


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