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 ?
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?
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
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 !