LEGAL AND PRACTICAL MEASURES TO BE TAKEN BY SENIORS FOR SAFEGUARDING THEMSELVES
It is time for WE seniors , after retirement, to enjoy but with caution for PERSONAL , HEALTH AND WEALTH SECURITY. This write up deals with these issues in detail. Age is state of mind. Age is not something to fear. Indeed , with the right attitude , it can be best thing that ever happened to you except of course, your health issues. For the curious and vigorous, AGE IS JUST A NUMBER.
SURVIVAL OF SENIORS IN THIS DIFFICULT WORLD – legal and practical precaution
(don’t complain aout growing OLD, many don’t have that privilege)
After working throughout life – may be both of them for about 40 years, there comes a time of retirement when regular monthly cheque stops. If one was prudent enough , one might have saved substantial sums of money and assets to live well and comfortably on retirement. This is the time you have been looking forward to and enjoy now with certain precautions
In this write up an effort has been made to describe legal and practical precautions to be taken by seniors to thwart evil eyes some one may have on life, wealth and assets.. Evil eyes could be of ones, near and dear , full time / part time domestic help / courier/casual workers like electrician/plumber, of neighbours and/or unrelated persons.
LEGAL MEASURES
Estate Planning
refers to the planning of the distribution of various assets of an individual at the time of death. Not undertaking this planning often leads to disputes within the family at a later date and hence people should undertake seriously and with thought this kind of work. This term has wide scope ; it not only means to write WILL but do it with due diligence so that there is little problem about money within the family when one dies.
It has to be done the moment one has assets whatever may be the age. Will can be revised any number of times with the change in circumstances like marriage, death of legal heir, purchase of property and so on.
WILL WRITING AND REGISTERING
Will is a legal declaration of the intention of the testator i.e. writer of will with respect to his /her own property including business which is desired to be carried into effect after ones death – it is revocable during the life time of writer of will . It is prerogative of the person to distribute and DISINHERIT any one from his assets even to the extent of his/her legal heirs. However, do put an advertisement in a newspaper to this affect. CONSULT SPOUSE BEFORE WRITING WILL AND be considerate to each children including married daughters. It is no use saying that I had spent lots of money on marriage. One does spend lot of money on son marriage also but still prefer to give them more or everything. REMEMBER SON IS SON TILL HE GETS MARRIED, and DAUGHTER IS DAUGHTER FOR EVER(?).
Will is required to be written when one is in sound physical and mental condition and preferably get it registered.. with registered authority of the state.mention clearly the names and age of legal heirs and their addresses. Courts, Insurance Companies, banks, municipal committees etc prefer registered will than unregistered one. In case of unregistered will, many institutions insist that same be probated in the proper court of law which is costly affair costing about 3 percent of total value of property and lawyer fee and time consuming may be few years. Will requires only plan paper no stamp paper witnessed by two persons on each page and attested by SDM of registering court. If spouse has his/her own property , same person should also write and register WILL.
THERE IS A MISCONCEPTION IN THE MINDS OF MANY THAT IN CASE A PROPERTY IS OWNED BY A SPOUSE , SAME WILL BE INHERITED BY SURVIVING SPOUSE ON DEMISE. THERE IS NOTHING LIKE THIS IN ANY LAW. Hence wives must insist that their husbands do write and register WILL
On the death of spouse, DON’t FORGET TO REWRITE YOUR WILL BECAUSE PROPERTY OF DEPARTED SPOUSE GETS MERGED IN YOUR PROPERTY AND HENCE NECESSAIRTY OF WRITING NEW WILL.
Generally and prudently, while writing will, first every thing should be given to spouse and on his/her death , to be distributed to next legal heirs. Also, nominees in various instruments and Will should be same to avoid any controversy. Childless couple or single persons should also write will otherwise many legal heirs spring up on death of such persons. It is highly desire able that spouse should know contents of WILL and where same has been kept.
In case there is no Will, property will be distributed by legal heirs and/or Court in case of differences amongst the legal heirs as per the religion of the dying person. In the case of male Hindu, one portion is given to spouse and one each to sons and daughters. Just imagine, if there is a flat, of say, 1000 sq feet, it cannot be physically distributed and everyone will be owner of flat jointly . Similarly , there will be many business partners including senior and children apart from spouses and it is left to the imagination of readers to draw conclusions as to what would happen to business
It is preferable that contents of the Will are kept secret from legal heirs and others otherwise pressure can be built on writer of will to change the Will according to the desire of legal heirs. Hence, it is desire able that Will be kept in a safe place beyond the hands of legal heirs and others and still better in the locker in the bank. Incidentally THERE IS NO STAMP DUTY WHEN PROPERTY IS TRANSFERRED BY WILL.
Will can be revised any number of times but registered will can be revised by subsequent registered will only.
IT IS ADVISED THAT SINGLE WOMAN AND MAN MUST WRITE THEIR WILL AND REGISTER SAME OTHERWISE ON DEMISE PROPERTY MAY BE TAKEN OVER BY SOME ONE ELSE
(For more detailed discussion on WILL, please write to me on e mail id narendra.ahuja@gmail.com
Nomination and Will
General assumption is that a nominee for NSC, LIC polices, Fixed deposits, Mutual funds, Provident Fund and Saving bank account is the legal heir for the proceeds for which he or she was nominated. Supreme Court does not feel so. SC in the case of Sarbati Devi Vs Usha Devi in 1984 had held that ‘Mere nomination under section 39 of the Insurance Act, 1938 does not have the effect of conferring on the nominee any beneficial interest in the amount payable under the life insurance policy on the death of the assured. The nomination only indicates the person who is authorised to receive the amount on payment ON BEHLAF OF THE LEGAL HEIRS. The amount, however, can be claimed by the heirs of the assured in accordance with the law of succession governing them. Hence, one needs to have a WILL in place in order to ensure that the person of your choice receive the amount meaning thereby the person as NOMINEE AND RECEIVER in the WILL, are same person.
In the case of immovable property, there is no provision of NOMINEE IN ANY LAW. However, nominee in the Copertive Housing Society also no legal right to property and receives same on behalf ot eh legal heirs.
(For more on the subject, please write to me on my e mail id narendra.ahuja@gmail.com
PROPERTY IN JOINT NAMES
If both husband and wife have contributed to the purchase of property, both should write will for the portion for which they are owners and should write will to this effect also. It is imperative that property be not got registered with any other person except spouse. In Delhi, DDA has such a facility where in anyone including spouse, son, daughter can be co owner even when they have not paid the money for the purchase of that property. Sometimes this unnecessary benevolence TO ANYONE OTHER THAN SPOUSE has caused various legal problems to the original owner. Before getting the property in joint names , consider your relationship with the person past and future with whom you are going to be co-owner though he/she has not paid any money for purchase of same. Once a co-owner in a property, it is IMPOSSIBLE to get his/her name removed.
LEASE HOLD PROPERTY
Many people do not understand that lease hold property is property of the lessor i.e. say DDA. GDA, NOIDA. L&DO, which has been given on Leese to one for annual rent called lease money for specified years of Leese and one is required to pay Leese money every year. After leese
period is over the property goes back to the original owner i.e. DDA, GDA. NOIDA,NDMC, etc. Chanakya Cinema in Yashwant Place has been taken back by NDMC when agreed period of Leese of 30 years expired. . Till few years ago, only Lease hold properties were allotted in Northern India including Delhi, Noida, Ghaziabad and a small Lease money was required to be paid every year as Lease money. System has been given a go bye. Now it is possible to get the property converted to FREE HOLD property from the agency from where property purchased initially.
IT IS ADVISABLE TO GET LEESE HOLD PROPERTY CONVERTED INTO FREEHOLD PROPERTY BY PAYING CERTAIN AMOUNT TO THE ALLOTTING AUTHORITY AND STAMP DUTY TO STATE. Rates of conversion from leese hold to freehold goes increasing every year and hence get it now.
PROPERTY PURCHASED ON POWER OF ATTORNEY.
In Delhi and around large number of properties were sold and purchased by people on POWER OF ATTORNEY. Many people still are continuing with power of attorney property without bothering to get them converted into free hold property.
Legally Power of Attorney Properties remain in the name of the original owner in DDA,L&DO and Corporation records and the person gives power ONLY to purchaser to do any act on his behalf including selling of the property. In legal terms, power of attorney holder is not legal owner of the property even though he may be in possession of the property. Power of attorney also expires with the death of the person who gave such a power of attorney. From time to time DDA and other agencies have allowed such properties to be made Free Hold in the name of the last purchaser. It is suggested that such power of attorney properties be got Free Hold by making certain payments to the authority and stamp duty. Once property is converted into freehold property in ones name, one should immediately inform Corporation along with copy of free hold registered conveyance deed and to request that the property be mutated in his/her name in municipal records and also for payment of property tax.
Immovable property belongs to one in whose name property is registered under the Registration Act. Power of Attorney expires with the death of the person who gave such an power of attorney.
PURCHASING PROPERTY
While purchasing property, ensure that property has CLEAR AND MARKETABLE TITLE. There should not be any charge on a property in the form of an encumbrance . It is advisable to associate an advocate who is familiar with these type of transactions. Also, make an enquiry with the registrar where of the area where properties are registered and also see personally all connected papers . Visit MCD office of the concerned area and ensure that the property is registered in records of MCD in the name of the person selling the property and that he has paid up to date property tax. Similarly, ensure that the electricity and water charges have been paid up to date. Property dealers are not very dependable in India so far but things are changing for better.
BUYING FLAT FROM DEVELOPERS
Builders have a variety of ways of catching the unsuspecting home buyer on the wrong foot. The common ones and given below:
Get clear date of delivery and penalty for delayed delivery which should consume rate with the damage caused to buyer. Suppose agreement says, that it would pay buyer Rs. 5000 pm. for each delayed month when one has paid 30/40 lakhs as advance. It should be on percentage basis i.e. 18 Percent or same percentage which builder is charging from you for your delayed payment,completion certificate from municipal authorities, quality of material used, property number.carpet area, should be mentioned in the agreement, WHAT ELSE TO MAKE HOUSE/FLAT LIVABLE like electiricity, water, sewerage and like, lift installation and operation, speed money for registration of flat and monthly charges for service.
PRACTICAL PRECAUTIONS
PROPERTY ON RENT
If property is to be given on rent, certain precautions have to be observed by seniors such as legally vetted agreement registered in court and premises given on rent to the good party even if rent is less, by involving reputed property dealer. Agreement will also provide that in case the property is not vacated on the expiry of Lease period, the rent shall be …. times of the original rent.
For giving on rent the property, don’t give or hand over the key to any property dealer who is involved in bringing tenants. One 82 year senior retired IAS lady lost control of that portion of the flat to a property dealer because he occupied same without rent and is not vacating knowing very well she is old, infirm , helpless etc. Case is going in Delhi Court for several years and dates are managed by other party with the connivance of court staff.
HANDING OVER THE BUILDING TO BUILDER FOR MULTI STOREY FLATS
Builders or property dealers in India are not known to be honest. One has to be careful while dealing with such persons. If agreed to such an arrangement, consult good legal firm with reputation for legal vetted agreement
PROPERTY SHARKS
In large city and now in even small cities , there are property sharks who by dubious means try to grab big properties of elderly persons by dubious means. They employ various means to create hurdles in the sale of such properties senior persons. If such senior persons has to sell the property, they should consult preferably only one property dealer . However, don’t sign blindly to any document put before you for your signature. Read it carefully and take your own time. Such persons can take the help of HELPAGE, AGEWELL /DIGNITY FOUNDATION AND/ OR AN ADVOCATE.
LOAN CLOSURE ON PROPERTY
In case you had taken loan while being employed and when that loan has since been paid off, don’t forget to take back documents which were submitted to bank or your office for loan purposes and also all CLEAR DUES CERTIFICATE
LARGE PROPERTY
In case one has large property whose price has appreciated considerably , one can consider selling such a property and buying small property which is safe, manageable and secure. It is more important to live and live safely than to live in big mansion.
FINANCES
MONEY THE ROOT CAUSE OF ALL EVILS;
BUT ALSO CORE FOR AL SUCCESS
After sixty, it is time to re asses your assets and risks. Conservation of capital becomes an important decision while allocating investments . Risk profile of senior citizens is towards low risk and low votality – PPF, Post Office monthly scheme (POMS), Fixed deposits with banks, senior citizens saving scheme. Remember Rs. one lakh lost at 20 is different than Rs. one lakh lost at 60 years.
Please don’t sign on the dotted lines. Urban Indians particularly senior citizens are being tricked into signing documents such as mutual funds, ulips, insurance, which they have not read or where they don’t understand fully implications. Please take copy of documents or forms to be signed and get back to the agent next day or even after. No harm will be done in a day or two though agents will press you hard to sign the papers because they dont want you to understand implications ; they are itnerested in higher commissions only .
A Senior person can invest in risky assets if his net worth is large enough to take the risk. The ability does not depend on age alone, but on the capital that one has. A senior citizen who has paid off his debts, and lives in his own house whose loans, if any, has been paid , has a large net worth, and can take risk. He can invest a portion in risky assets, knowing fully well that his net worth is large enough to take that risk. Hence, ability to take risk is, therefore, a function of the finance structure of the person and up to limited extent to his age.
Before parting with your savings, consider all the aspects of proposed investment so that you are not taken in by advertisements assuring of an unusually high return and safety.
Keep cheque book safely. While writing cheque, start immediately after the word ‘pay’ and do not leave spaces between words or figures. Avoid making alterations, instead, write a new cheque. Always draw a line through any unused space. Remember to cross cheque
Keep track of your finances. Don’t keep money with private or public limited companies for higher interests. SLEEP WELL WITH LOWER INTEREST AND LOSE SLEEP WITH HIGHER INTEREST.. Many senior citizens have lost their principal amount in public limited companies in the past. Keep your cheque book safely.
Emergency Funds ; It is necessary to have an Emergency Fund of six to twelve months which helps through rainy day or say tough times. It takes only one uncertain situation to throw everything haywire. It is better to depend on your emergency funds instead of borrowing from friends and relatives. Don’t forget that no person may be coming forward for such a help.
Check bank/credit card statements. Computers don’t make mistakes but daily paid operators do make mistakes. Avoid Internet banking. Don’t give personal bank information to unsolicited e mails. Many have lost their money from bank by fraudulent withdrawals.. Withdraw only small amount from bank. Never count money in the presence of domestic helps. Don’t trust anyone and don’t disclose your riches.
NON REFUND OF FIXED DEPOSIT MONEY BY PUBLIC /PRIVATE COMPANIES
In case you have kept money as fixed deposit in a private or public limited company, and they are not returning same at the end of the period, start writing to the Directors of the company at their residential addresses, repeatedly, stating therein that you are a senior citizen and need money badly and such an approach has brought money back to many.
There is no need for you to leave too much for posterity. It is your money and you and spouse must enjoy. Let posterity learn to earn.
NO ONE IS EVER GRATEFUL FOR THE PROPERTY
INHERITED FROM PARENTS
REMEMBER WEALTH IS NOT HIS; THAT HAS IT ;
BUT HIS, THAT ENJOYS IT.
REVERSE MORTGAGE
This is new concept intrduced in India. It mans that in case you do not have enough money to provide for your old age expenses, you could mortgage your own FREE HOLD HOUSE TO A BANK OR FINANCIAL INSITUTE AND GET A FIXED SUM ON MONTLY, QUARTERLY OR ANNUAL BASIS WHICH TAKES CARE OF YOUR REGUALAR EXPENSES. Minimum ge should be 60 years. Clients do not have to return loan because Bank becomes the title holder of the house. Senior citizens are allwed to live in their house for life. This is for own built or brought house or flat and not ancestral flat or house or lese hold flat r house or disputed propoerty. Six months after the surviving spouse passes away, the ank gives the legal heirs an opporutnity to pay back the loan and recover the house. If they fail to do so, the bank has the right to sell it off and use the money to recover the loan amount. Whatever money is left over is handed over to the legal heirs of the deceased.
Please do not rush to reverse mortgate route until and unless one has undertood full implciations of the scheme. Take help from others who are well versed with the scheme. IT IS NOT AS SIMPLE AS IT LOOKS.
EMPOWER SPOUSE WITH FINANCIAL KNOWLEDGE
Most Indian ladies – educated , uneducated, employed , unemployed are highly dependant on their husbands for financial matters. They feel that it is man’s domain and consequently suffer heavily when one becomes widow. ONLY TIME A WIDOW IS RESPECTED AND LISTENED TO BY CHILDREN IS, WHEN SHE HAS PROPERTY AND MONEY WITH HER.
THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007
Act has cast an obligation on the persons who inherit the property of their aged PARENTS to maintain such aged relatives. (For details read the Act) .
GIFT DEED
No gift deed of the property till one is alive whatever is persuasion or threat. In case of threat, one can go to police station and report against the person for threat etc . In case, police refuse to register complaint, please send written report through registered /speed post and or courier with a copy to Police Commissioner, etc. However, experience shows that Indian parents are very reluctant to lodge report against children in police station.
NO SURETY/GUARANTEE OF LOAN/ ADVANCE TO ANYONE INCLUDING CHILDREN
Near relatives of such senior persons approach them for signing as surety for the advance or loan to be taken by them from LIC, Banks etc for any purpose. After paying few instalments, they stop payment of instalments and in connivance with the banks etc, they send goons for recovery of the loan. Supreme Court has recently held that guarantor is accountable in case the actual borrower fails to pay the loan taken from the bank.
BANK ACCOUNTS AND LOCKER
Bank account , locker,mutual funds, shares, etc should be in joint names with proviso to operation of same by either or survivor.
PUBLIC PROVIDENT FUND
Many seniors have PPF account in Banks and Post Office.
Please check that nominee is your spouse otherwise as per Public Provident Fund Act, money shall go to the nominee – may be any unknown person.
HEALTH
Take special care of YOUR and WIFE HEALTH. Don’t save moeny on health care.. Wives are more concerned about the health of husbands and generally don’t care about their own health. It is duty of husband to be equally careful about his wife health.
It is a fact that senior citizens become weak and they should be very careful in what they eat. In marriages , one should avoid curd, cut fruit, prepared juice etc. Eat only heated products.
High moral helps you to come to terms with old age. The mind plays a big part in making you feel younger or older than years. A MAN /WOMAN IS AS OLD AS HE/SHE FEELS. Old age is not a disease and every one has to pass through it. Life is tough, rough and dreamy. We should once in a while to count our BLESSINGS. It is time we slow down before our health forces us to.We need to give our body and mind, the semblance of CALM and SANITY they deserve and achieve tranquility and composure, in the face of aggravation.
LEARN TO IGNORE WHAT ONE CANNOT
CONTROL
AND
LEARN TO CONTROL WHAT ONE CAN
Avoid STRESS. It causes many diseases. Exercise is important. Most of us have done away with the need for physical exercise in our daily task. Walking is an excellent exercise. it costs nothing. If one walks, one feels good.
Please do not regret past. PAST IS PAST. – fait accompli. Instead apply your present energy to shape your future.
One should find from their employer whether there is any scheme of Medical Insurance from the Organisation from where they RETIRE by annual or one time payment. Central Government, Defence Forces, Delhi Government employees have such scheme for their pensioners and retirees should take advantage of same by one time payment. In case no such scheme is available, such couple should go for mediclaim policies of Insurance Companies even after 60 years. However, don’t forget to read devilish details of policy printed in fine prints.
CAR RAGE AND TRYING TO INTERVENE TO FIGHT BETWEEN GROUPS
If you are victim of road rage, please fold your hands to the person who is supposedly annoyed with you.
Similarly, don’t try to intervene in fight between two warring groups. Many such persons may get injfured or lose their life.
LONELINESS
Loneliness in old age is all about perception. It is an attitude which one can change or attempt to change even after retirement. One has to develop after retirement ways to keep himself busy may be anything which interests him/her.
Instead of brooding, it pays to stay in touch with friends. Socialising with people you like, can add a decade or so to your life because those with net work of friends lived longer than those who did not socialise.
LEAVE DESIGNATION AT THE OFFICE TABLE AT THE TIME OF RETIREMENT AND REMEMBER THAT ONE IS RETIRED NOW.
RELATIONSHIP
Indian husbands so far have been very lucky unlike Japanese husbands. A leading Japanese women’s magazine has reported that in Japan women are divorcing their husbands after they retire as they are considered as Sodai gomai, meaning considerable garbage. The husbands are called eleven to seven men as they are away at their workplace the rest of the time. After they retire, the wives are unable to tolerate their presence and dominance, and seek the solution of cutting the Gordians knot by applying for divorce.
Remember one must keep one’s wife happy during life time even if she is wrong sometimes because it is only your life time that she would have a ‘SAY’ as none is going to listen to her afterwards.
The husband wife team factually heats up only in old age, when all their children desert. It is precisely for this companionship that the institutions of marriage was conceived. Partners for this union have to necessarily pass the rigorous of family life and settle down to the peace of coexistence.
REMEMBER LIFE IS BETTER LIVED TOGETHER and AND WHEN ONE OF THE TWO IS GONE, LIFE IS GOING TO EXTREMELY DIFFICULT AND HENCE ENJOY TOGETHERNESS NOW.
RELATIONSHIP WITH DAUGHTER IN LAW
Do not offer advice to children unless sought. Do not unnecessarily interfere in their affairs. Don’t take children for granted. Do thank them when they show consideration to you but never expect thanks for help you may give or have given. Avoid having to seek financial help from them.
For God’s and your sake treat your daughter in law well and if couple desires to live separately, let them live so otherwise your life after retirement is going to be HELL. Also do not pamper grand children. Daughter in laws generally abhor this interference. Avoid it.
At one ages, there are other relationships to care for also. ADOPT ONE PRINCIPLE; CARE ONLY FOR THOSE WHO CARE FOR YOU AND DOJNT FORGET TO KEEP YOUR SELF RESPECT.
CREATION OF SOCIAL GROUP IN IMMEDIATE NEIGHBOURHOOD
Leave your designation at the table while retiring. All retired people are equal in status and do not
It is highly desirable that a social group be formed in immediate neighbourhood which can be called in serious emergency to take one to hospital or doctor or in case of other emergencies such as theft, injury etc.Their telephone numbers should be known by heart.
MOBILE PHONE FOR EMERGENCY USE
Every one is having mobile phone now a days though seniors find it difficult to operate. Please enter name and telephone numbers of those to whom you would like to contact in emergency. Hence, enter name as HOME…….. , WIFE………, SON……….. DAUGHTER………..POLICE.
PERSONAL GROOMING
(Life is wonderful if you know how to live)
Seniors should try to remain active, walk daily without fail,shave daily and be smartly dressed. there is no reason to lament that I am a retired person. Most of us are in a position to maintain ourselves and in fact maintain same standard of living which we were used to before retirement. This is the age when we seniors can wear what we wish to . Now a days cloth wearing has become age less. A person who is smartly dressed, active etc is unlikely to be looked vulnerable to attack also. Avoid showing yourself as old, infirm and helpless to any one. Better still, carry small stick with you while walking in the morning /evening. Maintain dignity.
HOW TO GET YOUR WORK DONE IN OFFICES
All of us have some work with the government or private offices. Some Organisations on paper have policy of attending SENIORS on priority basis. In spite of the motto , if ones work is not being attended to, straight away go to top officials of the organisation personally and complain against harassment to a senior citizen and chances are one’s work will be attended to in priority. Also, one can use email route of reminding the Officer repeatedly about your pending work rather than going to that office and giving letters to that effect. In the letter dont forget to write that you are a senior person and urgently need solution to your problem.
If you have been a senior government or private sector Officer/manager, OR advocate , please do print your introductory card with your educational qualifications and designation in bold and in a very small word (ex)or (Retd) at start of designation or at end. Only few care to read small words. Try it and succeed
RTI ACT ( RIGHT TO INFORMATION ACT 2005 )
RTI Act IS MOST BENEFICIAL TO SENIOR PERSONS. . In case one’s work is pending in any government and/or Public sector organisation, follow RTI route. Write your RTI application stating the facts of the case i.e. no reply etc, and attach Rs. ten postal order and send to head of the department through courier or speed post with the request to send reply within 30 days of the receipt of the RTI application . In the application also ask the name of the person/official who is responsible for delay etc and it is very likely one’s work will be done even before 30 days.
HOW TO DEAL WITH PRESSURE FROM ADULT CHILDREN AND CHILDREN IN LAW
According to a survey done by Hindustan Times, 49 percent of elderly living in Delhi with children separate or having same kitchen are facing some kind of tension over inheritance or division of property while alive in the form of selling property or/of transfer ownership and are subjected to various types of abuse, if they refuse.
The other common trigger for abuse is to preference among some to live off their parents or grand parents wealth. In these, seniors are relentlessly pastured for money to support their children for life style.One has to be careful from these young persons even when they are relatives because experience shows that such persons can kill these senior persons also for money. As per HT Survey, dependency factor emerges very strongly in property disputes as most of these persons are dependant on their children . Those who are able to support themselves are also empowered enough to turn around and quash such demands or to report to Police Station against such persons even if they are their own children.
SECURING ELDERS SAFETY
If you think yourselves weak, weak you will be
If you think yourselves strong, strong you will be
SWAMI VIVEKANAND
HAS YOUR HOME BECOME A DANGEROUS PLACE TO LIVE ?
Hindustan Times and CFORE did a survey on urban crime in the last week of May, 2008 in six metro cities in India and result is that URBAN INDIANS FEEL UNSAFE AT HOME, 41% say someone known to them could actually harm them, 76% say things will get much more worse in future, 67% say the police can’t track down the killers (SOURCE HINDUSTAN TIMES DATED
SUNDAY THE 1st june, 2008)
IS YOUR DOMESTIC SERVANT A THIEF AND YAMDOOT(?)
Sadly, in NCR region including Delhi , senior citizens are falling prey to prowling criminals . 153 senior citizens have been victim of crimes from 2005 to date – 50 have been murdered including 23 women. It has been observed that these murders or attacks have taken place when large sum of money are withdrawn from banks, or property has been sold and lots of cash has been received and kept at home. These things should be done in secreative way
SENIORS CAN BE AS SECURE AS THEY WISH TO BE – A good secutity plan should include strong windows and not cosmetic one , door and lock products and GOOD SECURITY HABITS. SENIORS have to be proactively security conscious and keep the entrance door bolted or closed. Keep your valuables in a bank. Steel almirahs give false sense of security. Breaking a steel almirahs for habitual thief is not difficult. Police can not be with every senior citizen all the time and every time and every where. Most injuries/death are caused by friendly entry in flat/house i.e. friends, relatives, domestic servants, plumbers, electricians, courier etc. Keep domestic keys away from the preying eyes of servants. Be not trustworthy of everyone and anyone yes anyone. IF YOU WISH NOT TO BE ROBBED OR KILLED, DO NOT EMPLOY EVEN FOR A SINGLE DAY EVEN IF HIGHLY RECOMMENDED BY REGISTERED PLACEMENT AGENCY, FULL TIME DOMESTIC SERVANT WITHOUT POLICE VERIFICATION AND PHOTO. There is no law which requires registration of placement agency of domestic help. Most murders in Delhi and around NCR have been by those domestic servants whose police verification had not been done. Many a times when domestic servants are asked to fill form, they just run away . Police recommends agisnt employing nepali or bangladeshi helpers.
Give telephone numbers of friendly neighbours to your near relatives to keep tab on your welfare and similarly give to your dependable neighbours telephone numbers of your children, relatives , etc. Alert RWA when you go out for vacation so that security can keep a tab on your house. However, don’t leave any cash or ornaments. Similarly, disconnect battery of your car and keep same inside of the house/flat.In case one has got household insurance for house, please do inform your insurance company though speed post or courier and keep the acknowledgement. Similarly, inform your elec tricity company in case you are going out for considerble time.
In case of discharge of domestic servant/driver pay him off immediately and do not re employ them. Keep dependable contractors and take a list of names and address of working persons. Never become friendly with such persons and do not ask them to do small outside work for you.
Before sleeping at night, check all the doors whether duly secured and closed. In few cases, it has been found that domestic servants have deliberately left side door open for friendly entry of hostile person for theft, murder etc. Keep one light of one room on. It may minimise the hostile entry in the flat/house.
THEFT IN HOUSE OR THREAT TO YOU AND SPOUSE
In case there is a theft in the house OR threat to you or your spouse, however small, please do not hesitate to go to Police Station of the area and lodge a written complaint and take a receipt . Don’t be afraid of visiting Police Station . If Police refuses to register theft case , which they often do, to keep crime figures low in their area, please send same report through Speed Post and a copy to DCP of the area. In the complaint write on the top of the letter complaint from a senior citizens.
ACTION TO BE TAKEN ON DEATH OF PROPERTY HOLDER
Procure immediately 20 original death certificates from Municipal Corporation/Committee of the city in which dead person was living ensuring that the name of the dead person is correctly mentioned. It takes about a week. In case bank account is joint one, before informing bank, it is advisable to withdraw money up to certain extent only. In the meantime collect all information about the banks, FDs,Mutual Funds, Shares etc where name of the dead person is first name and meet the respective managers and inform them of the death of the account holder. Also collect different forms required to be filled for transferring the money to widow and/or any other person and take immediate action to fill forms , affidavits ,etc so that same could be submitted immediately on receipt of death certificates. There is no need to be lethargic in this respect. If any property of the dead person on rent , immediately inform the tenant with the request to send rent to his successor etc.
In case there is a REGISTERED WILL, problems of transfer of funds and immovable property are minimised otherwise transferring authority and PSU banks take lot of time to transfer the funds of dead person to legal heirs.
For getting property mutuated in the name of person in favour of Registered Will is written, please go the any typist sitting outside MCD Office or DDA Office and get from him all the documents prepared for submission to the concerned authorities. This should cost you only few hundred rupees only.
ASSET REGISTER
Last but not least, start an ASSET REGISTER which should have information about bank accounts, locker nubbier and bank, shares, mutual funds, property deed and other connected papers, passport number, PF account, PPF Account and bank location, election card No , PAN Number etc and where these documents have been placed. Otherwise spouse , relatives, spend montlhs/years searching and listing assets. Please explain to your spouse how to get money out of these mutual funds, shares, Fixed depsoits etc.
Please do not part with your original /photocopies of WILL and any other property documents in any circumstances because hostile person can destroy or make copies of same. Original documents should be kept in locker and only photo copies with you. Plese aslo dont give your signature on plain paper.
PLEASE DONT KEEP ANY ORIGINAL DOCUMENTS IN YOUR OFFICE DRAWER OR WITH YOUR PA. These are more safe in your home.
HELPFUL PERSON
After the death of head of family, . widow is woefully lonely . It will be helpful if name of a person is mentioned who would be helpful to the widow to get things sorted out. Similarly the name of the agent through whom you are geting financial isntruments like mutuals funds etc , should be known to spouse.
FAITH IN GOD
SMALL FAITH TAKES YOU TO HEAVEN
GREAT FAITH BRINGS HEAVEN TO YOU
REMEMBER
YOU CAN WRITE/REWRITE WILL/CHANGE NOMINEE
BUT DON’T FORGET
YOU CAN NOT REVOKE GIFT/RELINQUISHMENT DEED
DON’T GIVE MONEY, PROPERTY
AND
POWER OF ATTORNEY
TO
TO ANYONE INCLUDING CHILDREN WHEN ALIVE
BETTER LEARN TO SAY ‘NO’
N AHUJA
MA.,LLB, P.G.Dip (Manchester Business School, , AIPM (London)
A blog on everything related to Will 
Recent Comments