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Showing posts from May, 2021

Active Euthanasia/ Medical Will / Advance Medical Directive - Covid 19, Mucormycosis, Cancer, auto immune disorders

  The pandemic has shaken all of us to the very core and challenged our core belief. In this write up, I have taken concluding excerpts from Constitution Bench Judgment of The Hon’ble Supreme Court in 2018. Personally, I feel both Active and Passive Euthanasia should be allowed in India and patients should have the right to decide whether they should terminate their life ( Covid 19 / mucormycosis/ cancer/ auto immune disorders …. Etc ).  The latest refusal disallowing writ petition of an 81 year old widower suffering from incurable, irreversible rhuematic and other medical issues for active euthanasia, in my humble opinion is nothing but a prolongation of his insufferable pain. At the outset, I declare that suicide is illegal, unlawful and an act of Cowardice. I do not support suicide as life is a miracle in motion. Respect it. I am in favour of assisted medical active euthanasia under supervision of medical practitioner.  There should be dignity in death.    ...

How to appoint a guardian for minor children if something happens to both parents ?

I have been receiving queries  from many people about securing the future of their minor children in these uncertain times. First of all I pray nothing happens to you and you have a long healthy meaningful life.  What should you do if something happens to both of you and children are left alone ? Your parents are too old, or your sibling is not financially independent ? Make a WILL appointing a Guardian in whose care and custody the children can be secured in after your passing away.   (procedure of WILL has been explained in other blog posts.). A guardian cannot squander away the properties of the child, there are checks and balances. For example Only a maximum lease of 5 year can be given on property through permission of court, he cannot sell or gift the properties of minor. The court is the parens Patria and verifies whether a transaction would be for benefit of the Minor children or not.  An Adoption deed is not a good idea unless ofcourse you are terminall...

How to secure the future of your dependants if you're in a Covid hotspot country overseas and your dependants , assets are in India ?

 These days we are flooded with queries of non resident Indians working over seas about securing the future of their families in India.  Presuming, you're working abroad and your assets ( immoveable properties, movable properties) are in India and so are your dependants.  If you are fearful of the uncertainties' of life then the best possible thing is to make a WILL In the absence of your will, your mother, wife, children will get equal share in all your assets.  Creating a WILL is simple and easiest way to communicate your intention to the family.  I suggest, you video record it and share it with your close and trusted friends/ family members or employer. That ways if something happens to you then your trusted friends can reveal the existence of the will to your dependants.  However, this is not too good as it creates a risk of losing the WILL due to negligence, willful destruction, suppression of WILL.  The best thing to do would be to get it drafted...

How to help relatives back home to carry out mutation, bank account transfer, inheritance in India for Overseas Indians : International Travel Ban 2021

  How to carry out necessary inheritance, mutation, contracts, deeds, Power of Attorney in India if you’re stuck overseas due to International travel ban ?    Read On. In the pandemic times and with the international travel ban a lot of people from Indian origin are stuck overseas and unable to meet their loved ones in times when they most need them. Due to unprecedented deaths a lot of overseas Indians are facing issues of documentation and procedure with respect to Mutation, inheritance of immoveable property, bank accounts, financial assistance, sale – purchase, will, adoption etc. This article has been written after much research of relevant laws and judgments, latest trends, real court experience on this issue. Therefore, it will be crisp and will only answer queries without getting into further complicated nitty gritty and jargon that confuses general public. Leave the legality to me, here are your answers  : -  Do you want to nominate your close relat...