Professional Documents
Culture Documents
Pers Info Folder-Dairy
Pers Info Folder-Dairy
INTRODUCTION
We are there today, but we may leave tomorrow without any warning. We leave quietly and
would rest in peace but would we make it peaceful and hassle free for those we leave behind?
Have we kept our next of kin well informed of our assets, holdings, financial investments and
other matters that, they would know what to do in case of our own demise one day? Do they
know what are their entitlements as a beneficiary and are they aware of where the documents
are kept, so that they can be retrieved easily for the purpose of transfer of ownership and other
follow up action required? In majority of cases, it is seen that, NOK are ill informed about such
matters and they face a herculean task in setting matters right after the demise of a person.
It is with this in mind that, I have set out to formalise this Personal Information Folder / Diary that
would be self-containing in itself with respect to all the information that a NOK would need to
proceed with settling various matters after the demise of a person. I have tried to make it as
comprehensive as possible, attempting to include every detail of all assets/investments that a
pensioner or a normal person would leave behind. There may be gaps in this Format and any
individual may modify this to suit his own requirement. I hope, everyone would find this useful
for his own or her requirements as to the purpose of this document.
I would request everyone to go through this and not ignore it and leave it to another day.
Start with one detail at a time and in a month’s time, you would have collated all the information
and your Folder/Diary should be ready.
Keep revising them from time to time as deemed necessary so that updated information is
available all the time
PS: You may amend this Format in whichever Form as it suits each individual
Note:-
1. Digital Format Index Page Nos. Page No of Index (if using this word Document be
changed based on the No. of sheets added under each Category).
2. Information Diary.
a) It is BEST advisable to maintain all information physically in a Diary and keep
updating it as and when required. Where necessary or required, the entries like
password/PIN etc be made in Pencil.
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b) If Using a Diary for all entries, allot sufficient Page Nos for each Category of Entry
under the Index, so that continuity is maintained for each type of entry
a) Scan Copy of Documents. Apart from the Physical Document (Original as well as
Photostat copies), please Scan all Important Documents like PAN, Aadhar, Passport,
Pension Payment Orders (PPOs), All kinds of Licence, ECHS Card, CSD Card, PP Size
Photos, Property Documents etc and keep a copy saved on your system as a DIGITAL
Backup.
3. Password/PIN/TIN.
a) If this Personal Information Folder is being maintained Digitally and saved on your
system or Online, DO NOT repeat DO NOT, leave information on Customer Ids,
Passwords, Login Ids, PIN, TIN etc entered in these sheets. Having a Password for your
Excel Sheet or Word Document is not full proof as it can be deciphered without much
difficulty and document opened.
c) Printout of this Format. The Other Alternative is to take out a print out of this Format,
create a Folder and make the entries manually. (Please note, before taking a printout, to
delete the “Noting” made in various rows and columns with respect to clarification on
information to be entered).
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d) Maintain a Diary for this Purpose. By taking it up phase by phase, the entire
information can be transferred into a Diary, specially kept for this purpose, which would
be more secure than leaving it on your system or in the Cloud.
b) Information for Retired / Released Service Officers and their NOK issued on 10
March 2015. Link -
http://indianarmyveterans.gov.in/showfile.php?lang=1&level=1&&sublinkid=434&lid=
430
c) PCDA, Allahabad. Please check this this website regularly to check for any new
Circulars issued by PCDA with respect to any new Govt orders issued on the subject
of pension or other benefits to ex-servicemen. Link -
http://pcdapension.nic.in/pcdapension/7cpc/armyOrder.htm
d) Min of Defence, Dept of Ex-Servicmen Welfare. Please also check this website
regularly to update on latest orders or instructions by the Govt. Link -
http://desw.gov.in/circulars
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INDEX
3 Personal Information
4 Location of Documents
15 Miscellaneous
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(This should NOT be maintained digitally / in online Format but must be kept
noted in the Information Diary / Personal Diary)
Immediate Access
GOVT/SEMI-GOVT ONES
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7 NSDL Self
8 NSDL Wife
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MISCELLANEOUS
Note:- Add anything that comes to your mind and you find you need to keep a record or
track of it.
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12
13
Note:- Add anything that comes to your mind and you find you need to keep a record or
track of it.
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PERSONAL INFORMATION
9 ECHS Card No
a) Date of WILL
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a) Laptop
b) Mobile
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LOCATION OF DOCUMENTS
1 WILL
2 PPOs
7 Electricity/Phone Bills
8 Arms Licence
Note: -
2. Advised to have a Master Box Folder in which all Important Documents are cleanly
stacked in plastic A4 size pouches.
3. Where Documents like Mutual Fund Statements, Bank Statements, Other Investment
Documents are kept in Digital Format, give clearly the location of the Folders in your
Laptop/Computer System.
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5 Mutual Funds Investment Total Invested Amount through ISA _______ Self or Wife
through ISA (Investor Services
Details - Under Bank Mutual Funds Holding Details under
Account with Bank)
Mutual Fund
b) ____ MF -Do-
c) ____ MF -Do-
d) ____ MF -Do-
b) ___ MF -Do-
c) ___ MF -Do-
d) ___ MF -Do-
b) ___ MF -Do-
c) ___ MF -Do-
d) ___ MF -Do-
e) ___ MF -Do-
f) ___ MF -Do-
b) _______ MF -Do-
c) _______ MF -Do-
d) _______ MF -Do-
Note: - Please indicate if Nomination has been done for all your Bank Accounts and
Mutual Fund. If not, please do it on priority as transfer would be easily facilitated in case
Nominations are available
1 Bonds Nomination
b)
c)
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3 NSS or NSC For Each Certificate, give Details of:- Nomination done or
Investment not; if yes, give
Certificate No. ___________
details of Nominee
Invested Amount _________
Maturity Date __________
Maturity Amount __________
1 Independent House
2 Apartment / Flat
3 Land
4 Land
5 Land
6 Commercial Building 1
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7 Commercial Building 2
8 Any Other
9 Any Other
Note:-
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MAIN E-MAILS
(Give information here for all E-mails/Social Media/Online sites/Airline/Travel sites/ any
other)
1 Goolge
2 Google
3 Yahoo
1 Facebook
2 Twitter
3 Instagram
4 LinkedIn
1 Amazon
2 Flipkart
3 Jabong
4 Swiggys
5 Big Basket
1 Indigo/GoAir/
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Spicejet etc
2 Indigo/GoAir/
Spicejet etc
Note: -
2. Point to Note while Deleting Social Media Accounts. Please Delete the Social Media
Accounts like Facebook, Instagram, and LinkedIn etc. It would be prudent to delete all
information and photos (after saving them in your system if deemed necessary) before
deleting the Accounts.
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1 IC No / Service No.
3 Date of Commission
4 Date of Retirement
6 QS – Qualifying Service at
Retirement
7 PPO Details
c) Corrigendum PPO
d) Corrigendum PPO
e) Corrigendum PPO
9 Commutation Amount
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endorsed in PPO
Note: -
1. Name of Spouse in PPO & Bank Account. Please cross check and ensure that the name
of Spouse is exactly as per Records and same, both in PPO as well as with the Bank.
2. Ordinary Family Pension (Enhanced Rate) is entitled for 7 yrs from death of pensioner or
he would have attained 67 years whichever is earlier. Enhanced Rate is the same rate of
pension you are drawing now. After this 7 yr period or 67 years you would have been
whichever is earlier, it will get reduced to 60% of what you are drawing as pension.
3. Endorsement of Enhanced Rate. The period for which Enhanced Rate is paid WILL be
mentioned in your Original PPO issued to you immediately after retirement. Check Under
“Family Pension” endorsed in the PPO. In case, the same is not endorsed, take up a case
with PCDA, Allahabad and get it endorsed immediately.
4. TDS on Family Pension. Sec 192 of IT Act provides for TDS. However, Family Pension
does not fall under the ambit of Section 17 (1) (ii), whereas Pension comes under the
definition of Salary. Therefore, no tax can be deducted at source under Sec 192.
5. IT Due on Family Pension. The recipient of Family Pension is however obliged to meet his
/ her Income Tax obligations by way of Self Assessment Tax or Advance Tax and it must be
paid up timely, on the dates Due on 15th of June, Sept, Dec and Mar of the Financial Year.
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2 Organisation’s Address
5 Rank or Designation in
which Retired from 2nd
Service
8 PPO Details
b) PPO No
c) Corrigendum PPO, if
any
d) Corrigendum PPO, if
any
e) Pension Sanctioned
h) Bank Address
i) Account No.
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4 Customer Id
5 Account No
7 Transaction Password
a) Secret Qn 1 Ans 1
b) Secret Qn 1 Ans 2
c) Secret Qn 1 Ans 3
d) Secret Qn 1 Ans 4
9 Debit Card
11 CVV No
13 ATM PIN
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a) Locker No
b) Key No
a) Xx
c) Details of Items kept in the Locker
b) Xx
c) Xx
d) Xx
e) Xx
f) xx
Note: - Do this for every Bank Account that one holds, using a separate Page for each
Account
1 Fixed Deposit No
4
Note: -
1. Lien if any on the FDs by way of Loans secured or Even as Supersaver Accts where
there is automatic overdraft facility (like in the case of HDFC Bank)
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2. For each Bank, record the details separately, in a new Page, so as not to mix it up.
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4 Customer Id
5 Account No
7 Transaction Password
e) Secret Qn 1 Ans 1
f) Secret Qn 1 Ans 2
g) Secret Qn 1 Ans 3
h) Secret Qn 1 Ans 4
9 Debit Card
11 CVV No
13 ATM PIN
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d) Locker No
e) Key No
g) Xx
f) Details of Items kept in the Locker
h) Xx
i) Xx
j) Xx
k) Xx
l) xx
Note: - Do this for every Bank Account that one holds, using a separate Page for each
Account
2 Fixed Deposit No
5
Note: -
1. Lien if any on the FDs by way of Loans secured or Even as Supersaver Accts where
there is automatic overdraft facility (like in the case of HDFC Bank)
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7 CVV No.
8 TPIN
9 ATM PIN
13 Add on Card in your Spouse Name Yes. Enter details below if applicable
13 Card Points lying in Credit Card with the If there are huge amount of points in
Account credit, redeem them before closing the
credit card
Note: - Add a New Format as Above and Do this for each Credit Card that you hold.
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7 CVV No.
8 TPIN
9 ATM PIN
13 Add on Card in your Spouse Name Yes. Enter details below if applicable
14 Card Points lying in Credit Card with the If there are huge amount of points in
Account credit, redeem them before closing the
credit card
Note: - Add a New Format as Above and Do this for each Credit Card that you hold.
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Note: -
1. Where Investment has been done through Bank ISA (INVESTOR SERVICES
ACCOUNT), Login to the Bank Account, Check under “Mutual Funds” and you get all
the Details.
2. If you need to redeem, after Login, all you need to do is go to “Mutual Funds” and
Select “Redeem” and amount will be automatically credited to your Bank Account, 3
days after the sale is executed.
3. But on death, the Survivor would need to approach the Fund House or AMC House to
transfer the Mutual Funds to their name.
4. For Each Mutual Fund, you would need to have the following details recorded in your
Information Sheet, for filling up the Transfer Form.
1 Motilal Oswal Most Focused Long Term Fund – Reg Plan – Growth
6
Entry at Sl.1 and 2 are given only as examples
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Note: - Where for MFs invested through ISA, whether you have also registered on the
respective MF websites OR Not, you may still keep a record of each individual MF as per
the same Format as for Direct Investment for easy reference – as given below:-
ISA – ELSS Mutual Fund – 1: NAME OF FUND
Sl Details Information
2 Mutual Fund Name Most Focused Long Term Fund – Reg Plan – Growth
3 Folio No.
8 IVR PIN
Add Additional Format as above if required, depending on the Number of MFs-ELSS invested
through your Bank ISA
ISA – Normal Mutual Fund – 1: NAME OF FUND
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Sl Details Information
3 Folio No.
6 Password
8 IVR PIN
Add Additional Format as above if required, depending on the Number of MFs-Normal invested
through your Bank ISA
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Note: -
1. Where Investment has been done through respective Fund Houses DIRECTLY , you
need to spell out the complete details of the Mutual Fund below to ensure the
survivor knows the details and can approach the Fund Houses/AMCs to transfer the
MF to the Survivor’s name.
2. Format for Two Mutual Funds are given here. Same is to be repeated below for each
of the Mutual Funds held.
1 Motilal Oswal Most Focused Long Term Fund – Reg Plan – Growth
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Sl Details Information
2 Mutual Fund Name Most Focused Long Term Fund – Reg Plan – Growth
3 Type of MF ELSS
4 Folio No.
11 Password
14 IVR PIN
Add Additional Format as above if required, depending on the Number of MFs-ELSS invested
DIRECTLY with the MF House.
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Sl Details Information
3 Type of MF NORMAL
4 Folio No.
10 Password
13 IVR PIN
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Note:- Same details as above for ISA or Directly Invested MFs given above would have to
be maintained for all the ongoing SIP Funds in the same Format given above
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2 HDFC Securitites
Sl Details Information
2 DP Id IN………….
3 Client Id / Beneficiary Id
4 Trade Code
5 Login Id Some have separate Login Ids / Others use Trade Code to login
9 TIN Where applicable – You may need this to get access to your info.
through Customer Care
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14 Activation Code Where applicable; Some DPs ask for this to give you access to
your account information when contacting Customer Care
15 Secret Qns and Answers for Login – Ans to the Secret Qns are mandatory with some DP
Accounts before you are allowed to Login to your Trading Accts
a) Secret Qn 1 Ans 1.
b) Secret Qn 2 Ans 2
c) Secret Qn 3 Ans 3
d) Secret Qn 4 Ans 4
e) Secret Qn 5 Ans 5
Note: -
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PROPERTY No. 1
2 Postal Address
4 Survey No
11 Property Identification No
(PID)
14 Last Tax paid and when next Last Tax Paid __________
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15 Location of Property
Documents (where it is kept)
a) Amount of Loan
b) Taken From
c) Duration: From - To
d) Monthly Repayment
Schedule
f) Principal Outstanding
a) Leased Out to
b) Location of Lease
Agreement
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10
11
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MISCELLANEOUS
1 Mr. XXX Rs. 00000 Give full details of the loan taken and understanding on
payment and when the repayment has to be completed
1 Mr. xxx Rs. 00000 Give full details of why it was given, any receipts or
documents or pledge and when it was/is due to be
returned
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(a) Autopsy Report in case of Accidental Death. Death if due to accident or unnatural causes
should always be reported to the Police Station in whose jurisdiction the area falls. It avoids lot
of troubles later on. In such cases get the autopsy to establish proper cause of death.
(b) Medical Certificate for Cause of Death. Do obtain two ink signed copies of Medical
certificate specifying cause of death from the Hospital or the authorized Medical Practitioner.
One of these is required by the authorities at the cremation / burial ground. The other is
required by the authorities (Registrar of Deaths & Births) who issues Death Certificates. Obtain
cremation / burial certificate from the cremation / burial ground.
(c) Obtaining Death Certificate. A close relative should apply for issue of Death certificate
within 15 days of the death of the pensioner/ deceased. Obtain at least 20 ink signed & equal
number of Photostat copies duly attested by a class one officer.
(d) Informing Pension Paying Bank Death of the Pensioner. Write to the Pension paying Bank
Intimating them of demise of the pensioner, asking them to discontinue the pension of the
pensioner and payment of the family pension of the spouse/ N O K (give name). Enclose ink
signed death certificate & copy of the original P P O having joint photo of the pensioner &
spouse / NOK. Also state PPO and pension Savings Bank A/C numbers.. Sample Application form
as at Annexure.
(e) If the Pension A/c is a joint account or the spouse is a nominee in it, then it is simpler to
operate the same A/C for family pension, otherwise a fresh Savings Bank A/C is to be opened in
the same bank. It requires proof of Identity and proof of Residence. Photo copy of voter I Card!
PAN card will suffice- with three copies of attested photographs.
(f) Letter to PCDA (P), Allahabad for Family Pension. Write separately to Pension sanctioning
Authority, PCDA ( P) to start family pension, on demise of the pensioner and enclose ink
signed copy of death certificate. Sample Application is at Annexure.
(g) Info Respective Services HQ, AG’s Branch & Platinum Grant if Applicable. In the case of
Retired Army Pensioner Write to the AGs branch (MP-6, CW 4) to update their records & to Pay
Platinum Grant if Applicable. Sample as per Annexure.
(h) Info AGIF or Respective Services Group Insurance Fund. If the age was less than 70 years
write to Army Group Insurance Fund (AGIF) to make payment of life insurance amount.
Application Performa at Annexure.
(i) Return of Retired Officers I-Card. Return Retired Officers I Card to Area HQ (lnt Br.) for
further Disposal.
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(j) Insurance Policies if Held. If there are other Insurance Policies write to them to pay
Insurance amount.
(k) Transfer of Bank Accounts / Money to the Spouse. Write to all banks wherein the pensioner
has his accounts to transfer closing balances to the spouse / NOK giving bankers address and
a/c number.
(I) Transfer of Car Regn. Write to Regional Transport Officer to transfer the Automobile to the
NOK.
(m) Arms Licence. Write to Arms Licensing Authority to transfer the weapon (if any) to the NOK
meanwhile deposit the weapon(s) in concerned Police Station or reputedd Arms Dealer for safe
custody. The NOK should apply for Arms License at the earliest.
(n) Electricity Connection Transfer. Write to Electricity Providing Agency to transfer the meter
in the name of spouse /NOK and start further billing against that name. (SUGGEST GET THE
HOUSE AND ELECTRICITY METER JOINTLY IN BOTH NAMES NOW).
(o) Landline Connection Transfer. Write to the Telephone providing Agency to Change the
name of the subscriber, transfer the connection to the name of the Spouse / NOK for further
billing.
(p) AWHO, if Applicable. Apply to AWHO to transfer the dwelling unit to the spouse / NOK.
Performa for Application should be obtained from the AWHO / Welfare Society . The Society
has to render No Objection Certificate (NOC) stating that there is No encroachment of common
land, No major modification to the Approved design and all Dues to the Society has been
cleared. If not already done you may have to do it before they issue NOC.
(q) Transfer of Club Memberships. Write to all the clubs & societies to transfer the membership
to the spouse of/NOK.
(r) Write to all Debtors to clear all dues and make payment to the Spouse / NOK.
(s) Clear the outstanding dues if any of the Creditors and credit cards and loans taken if any.
Return the credit cards to the Bank concerned.
(t) Some of the banks may have issued Insurance certificate for the amount of FD /Bank Balance
then claim it.
(u) Intimate IT Authorities Regarding Death of Pensioner. Write to Income Tax authorities to
intimate death of the Pensioner to close his Income Tax file and open Income Tax file in the
name of the Spouse / NOK Quoting PAN number of both.
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(v) Write to the Municipal Authorities to Close Property case file of the deceased person and
open it in the name of the spouse / NOK.
(w) Succession Certificate. Approach the district Courts for Probate of the WILL, if it is in
possession, otherwise obtain a Succession Certificate From the District Judge.
(x) Closing of Bank/Demat/Other Financial Related Accounts. To close Bank or otherAccounts,
Nominee should submit an application along with Death Certificate and a Certificate from the
Nominee/NOK that all legal heirs have consented.
(x) These Instructions are repeated at the end to be used as a check list.
******************** *************** ************ ********************
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From Name.
Address Tele No. Date
To,
The Manager Name of Bank Address
Sir,
Subject:- GRANT OF FAMILY PENSION ON DEMISE OF PENSIONER.
2. I regret to i for you that y hus a d, IC No, Ra k ………….. Na e ........ has expired on at
due to Certificate of his death is enclosed for ready reference. He was drawing his pension
through your bank. Kindly, stop his payment of his pension with effect from and Start payment
of family pension at the rate prescribed vide Annexure three to 7th Pay
Commission Report i.e. Rs; 15630/= + DA @ 119 % or as applicable to me through the same
Pension SB A/C No. Held in your Bank. We have no dependent children.
3. You are requested to forward the attached copy of this letter along with Copy of his Death
certificate duly endorsed for its correctness.
Yours faithfully ,
;
(Name)
Copy to :
***************** ***************
**************** ****
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From: Name
Tele No : Mob ....................
Address..............................................
&n bsp;
Date
To,
The Chairman,
Army Group Insurance Fund,
AGIF House, Rao Tularam Marg,
NEW DELHI - 110010
Sir,
Extended Army Group Insurance Certificate No. issued to IC No.......Rank ......Name .......... of
MAHAR Regt. (Encl in original)
1. I regret to inform you that my spouse, IC ....... Rank ......... Name .......has expired on.......
at.......... His / Her Death Certificate
issued y …………… is e losed for ready Refere e.
2. I am enclosing the Extended Army Group Insurance Certificate for encashment duly
completed in all respect. His date of birth
is..... Kindly send the cheque of the sum
assured to me on my address as given above. My Bank details are as under:-
SB A/C No.
Name and address of Bank.
IFSC code.
Signature
(Name)
************ ************ ************
*********************
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From; Name
House No./Sector
Locality
TeleNo.
City & PIN
Sir,
Subject:- Payment of Platinum Grant (AOBF) On Demise of IC ......... Rank ..... Name (Late) ......,
of MAHAR Regt
1. I regret to inform you that my husband, IC ..... Rank ....... Name ..... has expired on .... at
(Name of Hosp) , Address (Place) , Due to (Cause of Death). The Certificate of his death Issued
by (Civil Authority) is enclosed for ready reference.
2. You are, kindly requested, to send me his Platinum Grant on his demise. His date of birth is
..... (Photo Copy of his Retired Officers Identity Card is enclosed for ready reference). The
cheque may please be issued to me on the Address given on top of this letter. My Bank details
are as under: Name of Bank, Address ...... SBA/C No .... IFSC ......
Yours Faithfully,
Signatures ( Name- Mrs xxxxx xxxxxx xxxxx xx) W/O Late xxxxx xxxxxxxx xxxxxxx
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1. In case of death due to accident lodge an FIR with the nearest Police Station, and get their
written permission before last rites are performed.
2. Arrange last rites even in cases of natural demise only after getting Medical Certificate of
cause of Death from a doctor (Authorized Medical Practitioner). Intimate time of Funeral and
CHAUTHA / UTHALA / Prayer meeting to all concerned preferably through an insertion of
obituary in News Papers(s).
3. Apply for and obtain Death Certificate 20 or more copies from the Office of Registrar of
Births and Deaths/ Municipal Authority. These are required to be submitted with all claims.
4. Forward the information with certified photocopy of Death Certificate To the following:
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WILL
We will learn about creating a WILL in India today, but before that you need to
answer this question – “Do you want to leave your wealth and let your loved one’s fight
with each other to get their shares (a la the Ambanis!)?” – I guess not! . If you
nominated someone in all the financial products you bought and thought that it will be
passed to them legally without any issues, you are living in the world of fantasies (kind
of :). It’s a common misconception). You need to create a WILL to distribute your wealth
in the manner you want to, and having nominated someone ain’t the answer! Lets fine
out in this article, how to make a will in India ?
What is a Will?
A will can be made by anyone above 21 years of age in India. You can make the will on
plain paper in India. It’s not legally necessary to make the will on stamp paper. It is
advisable to write your will in your own hand writing, as the same can be verified later in
case of any doubts raised by relatives. It might happen that according to your family
structure and your preferences, you want to divide your wealth unequally or make a
provision for a close friend or a faithful servant. This isn’t possible if you die without a
will. A lot of us feel that talking about “Making a Will” is pretty morbid, and hence, we
don’t look at it with right attitude.
“A will is a sensitive topic to open up to. People are not comfortable discussing a will in
India. There is a misconception that if someone tells you to make a will, the person
thinks that indirectly you are telling him that his end is near or that you are eying his
property. However, all apprehensions disappear when I tell them the consequences of
not making a will” says Shankar Pai, who has done some commendable work in area of
spreading awareness on making wills.
A will is so important, that it should be your first step in your financial life. If your family
structure is diverse, and you want to leave your wealth to different members of family
like you want to, you should prepare your WILL today, not tomorrow, not later. To wit, if
you die without preparing a WILL in India, your wealth will then be distributed as per
‘Hindu Succession Law’ (Government rules, on how wealth should be divided among
family members). A common misconception, is to believe that all the estate is
automatically passed on to the spouse, because children and sometimes even relatives
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can stake a claim to the property. Laws of inheritance and succession, are complicated
and diverse in nature, and are different in case of Hindus and Muslims.
Another point you should consider, is the inconvenience caused to your family members
because of your laziness, in not making a will for them. In case of a dispute, your family
members have to produce the proof about their relationship with and also have to go
helter-skelter to lawyers and spent money and energy. Much better then, to gift them
some time of yours, and creating a will! This will save them a lot of headache.
A will has several parts, which duly completed, make up a complete Will. Though there
is no legal or defined format, there is a template, which has been generally used for
ages. It’s simple; it’s very logical and derives from common sense. Let’s look the whole
format and some important points while creating a will.
Step 1: Declaration in the beginning: In the first paragraph, you have to declare that you
are making this will in your full senses and free from any kind of pressure. You have to
mention your name, address, age, etc at the time of writing the will so that it confirms
that you really are doing it of your own volition.
Step 2: Details of Property and Documents: The next step is to provide list of items and
their current values, like house, land, bank fixed deposits, postal investments, mutual
funds, share certificates owned by you. You must also indicate, where all these
documents are stored by you. In all probability, these are in your bank safe deposit box.
Even the will should be stored in there! Make sure, you take the details from the bank
manager, about the procedure and rules of releasing your will from the safe deposit
after your death. Make sure you communicate it to the executor of the Will or your family
members. I am sure they’ll be pretty interested in this.
Step 3: Details of ownership: At the end of the will, you should mention who should own
your assets items and in what proportion, after you have gone. If you are giving your
assets to a minor, make sure you appoint a custodian of your assets till the individual
you have selected, reaches an adult age. This custodian obviously, has to be a
trustworthy person.
Step 4: Signing the Will: At the end, once you complete writing your will, you must sign
the will very carefully in presence of at least two independent witnesses, who have to
sign after your signature, certifying that you have signed the will in their presence. The
date and place also must be indicated clearly at the bottom of the will. Make sure you
and the witnesses sign all the pages of the will. One important point while choosing
witness is that they should be your friends, neighbours, or your colleagues and not the
direct beneficiaries in the Will. They only certify that you yourself have signed the will in
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their presence and are not a party in making the will in India. The envelope has to be
sealed after completing all the formalities and the seal must bear your signature and the
date of sealing. The witnesses need not sign on the seal of the envelope.
When you are dead, there is someone called an “Executor” who will be responsible for
dividing your wealth amongst the beneficiaries and he will make sure the whole process
is smooth (You must have seen this in Hindi movies). It is not legally required to get the
will executed in a court of law in presence of a judicial Magistrate in India. However, if
you wish, the will can be executed in the presence of Magistrate or the public notary,
nominated by the government authorities and sealed in their presence.
You can change your will any time you want to. However, make sure that when you
make a new will, you mention that this will is the latest and supersedes all earlier wills. If
you don’t, it can complicate the situation, cause major confusion, make such matters go
to the court of law and take several years before arriving at any final verdict.
“Do-it-yourself” wills often do not contain all the necessary components as required by
law and many times ruled as invalid by courts (for example no signatures from witness
or no witness at all). Many a time, it can happen that while creating the will, you use
such ambiguous language that it results in lengthy legal battles (“My House should go to
Sunita.” Now if both mother and wife are called Sunita, which Sunita ought to get it?
Anyone who might benefit from the ambiguity of the will can jump in to claim a share!
And if the courts decide in his/her favour, you won’t like that situation (not that, you’ll be
around!)
A probate is nothing but a copy of will, certified under the seal of court. The executor
(someone who is responsible to execute the will) has to file a probate petition in the
court of law and if all goes well, the probate takes six months to a year. No right as
executor or legatee can be established unless a court has granted the probate of the
Will. Probate can be granted only to the executor appointed by the Will. The cost of
getting a probate includes legal fees as well as stamp duty on the value of the property
being willed. The stamp duty varies from state to state. Probate is very important in
case of Real Estate. Important to note what is written below: -
Legal heirs to get possession of the property from the nominees have to go through a
legal process called probate. In Maharashtra this means, the will have to be submitted
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to Registrar and one will have to obtain a probate. The Registrar may ask the claimants
to put an advertisement in newspaper to ensure that they will not be contested. They
may even ask the witnesses who have signed the will to come to their office and sign
documents. After all this, and some court affidavits, the claimants have to pay the
necessary tax to the state govt. which is hefty and based on property value. After
Government takes its cut, then finally the probate order is given. Only then will the legal
heirs get their property. Note that, probate requirements differ from state to state. Hence
even when making a will, a Lawyer should be consulted. I know of fights between
Nominees and Legal Heirs. Roadblocks put up by Government (Sometimes they ask for
Registered Will etc.). So just writing a will is not the end of the story. Better consult a
lawyer before drawing a will.
Further please note especially in case of land or house property, the society will not
transfer the flat without a probate and tax paid certificate. Many times, a prospective
buyer will not buy a flat or land, if the holding is not clear and if the property had not
been cleanly transferred and if there are disputes between nominees and legal heirs.
Flat may still stay in the dead person’s name till their heirs and nominees settle their
disputes. Till then, the flat may be used by Nominees or any other person. But Society
will not transfer the flat to prospective buyer till the process of probate is settled first.
Hence such property cannot be sold easily. Please proceed with great care in this
matter.
If possible, have the two witnesses be a doctor and a lawyer. A doctor signing a will,
won’t raise any question of you, being of unsound mind. The lawyer will vet the will and
make sure you don’t make stupid mistakes at the time of writing and signing it.
The attesting witness and his or her spouse should not be a beneficiary under the
terms of your Will. This might create vested interests and sometimes make your will
invalid. Also, make sure the witnesses are younger than you and not very old as your
will might be in effect for several years! And you want them to be present in this world.
Write your will on good quality thick white paper so it doesn’t get spoiled over a
period of time. It should be stored in a plastic envelope in full size, without folds.
Note that you should keep just one more copy of will and stored separately from the
original will. The will must be stored very safely in your bank, in safe deposit box. You
must also inform your next of kin, as to where you have stored your will. Do not make
many copies of your will.
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person through a will. All rights on inherited property are acquired by birth. So if you
inherited a property from your Father, you cannot say in a will, that you want to assign it
to person X only! It will go to all your legal heirs as it is “Inherited”
A will must always be dated and if more than one will is made, the one with the latest
date will nullify all the previous ones. In fact, there should be a statement in your will,
nullifying all other previous wills. The pages should be numbered to avoid fraud.
The value of assets often fluctuates, so it is better to mention how much each
beneficiary will receive, in percentage terms rather than absolute numbers, unless it is
cash only.
So what appeals to you more? Writing a will yourself or hiring a lawyer for this and pay
to him? I hope you are clear about the rules and procedure for writing a WILL in India?
Features of A Valid ‘Will’: There are certain characteristics which should be included
in the instrument of will such as :-
• The Name of The Testator: The name of the testator should be mentioned accurately
without any error in initials, spelling or grammatical mistake so that it will not affect the
instrument of Will. The name of the testator can also be clarified by looking into his birth
certificate or any school certificates.
• Right To Appoint Legatee: The testator is having absolute right to appoint any
person as a legatee or beneficiary of a Will and legatee should execute the Will carefully
and in accordance with the law.
• To Take Effect After Death: A testator who is having power to make the Will during
his lifetime, but it will take effect only after his death. A gift made by a person during his
lifetime and will take effect during his lifetime, cannot be considered as a Will.
• Revocability Under The Law: In general a Will made by the testator can be revoke at
any time during his lifetime and testator can choose any other person as his legatee.
There may be chances where a testator wishes to bring some alterations in the Will
then he can make some necessary amendments in the prepared Will which is otherwise
called as Codicil. A third party cannot file a civil suit against the testator on the ground of
cancellation of the Will. A Will made by the testator may be irrevocable in some cases
where an agreement is entered into contrary to the Will, may bind the testator.
• Intention of The Testator supreme: The testator of the Will has right to revoke Will at
any time which can only be proved by the intention of the testator that whether he is
intending to revoke the previous testamentary instruments made by him or he can state
in his Will that ‘This is my last Will’ then it can be presumed that all the earlier
testamentary instruments has been revoked.
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• Lost Subsequent ‘Will’: Mere loss of the original Will does not operate a revocation
but it has to be inferring by the stringent evidence to prove its revocability and a testator
must show the genuine reasons for the loss of the Will. Once it is proved that a original
will is lost, then ‘Subsequent Will’ will be valid.
Kinds of ‘Wills’: A testator who has right to make a Will for the future benefits of his
family members which will take effect after his death, the there are certain types of Wills
which has to be looked into:
2. Unprivileged ‘Wills’: Wills executed according to the provisions of ‘Section 63’ of the
‘Indian Succession Act, 1925’ are called Unprivileged Wills. An unprivileged Will is one
which is created by every testator not being a soldier, airman, mariner so employed. An
unprivileged Will like Codicil can be revoked by the testator only by another Will or by
some writing declaring an intention to revoke the same and to be executed in the
manner in which an unprivileged Will can be executed under the Act or by burning,
tearing or destroying of the same by the testator or by some other person in his
presence and by his directions with the intention of revoking the same.
Who Can Make ‘Will’: Every person who is competent to contract may make a will but
he must be major, sound mind and willing to write a Will. Any person who is the sole
owner of a self-acquired property can bequeath by way of will. A person of unsound
mind can also make a will but only in lucid intervals. A Will cannot be made by some
persons i.e. minors, insolvent, persons disqualified under any law by the court. A Will
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For Whom The ‘Will’ Can Be Made: Any person capable of holding property can be a
legatee under a will and therefore a minor, lunatic, a corporation, a Hindu deity and
other juristic person can be a legatee. Sections 112 to 117 of ‘Indian Succession Act,
1925’ put some restrictions on the disposition of property by will in certain cases.
Dispositions of property by will in some cases have been declared void. If the minor
person has been named as legatee by a testator then a guardian should be appointed
by the testator himself to manage the bequeathed property.
General Procedure To Make A ‘Will’: A ‘Will’ should be prepared with utmost care and
must contain several parts to make a complete Will though there is no defined format for
making a Will but a general procedure should be adopted while writing a Will by the
testator which includes:
1. Declaration In The Beginning: In the first paragraph, person who is making a Will, has
to declare that he is making this Will in his full senses and free from any kind of
pressure and undue influence and he has to clearly mention his full name, address,
age, etc at the time of writing the Will so that it confirms that a person really wishes to
write a Will.
2. Details of Property and Documents: The next step is to provide list of items and their
current values, like house, land, bank fixed deposits, postal investments, mutual funds,
share certificates owned by testator. He must also state the place where he has kept all
the documents if the will documents are under safe custody of the bank then testator
has to write details about the releasing of the Will from the bank. Here it is the most
important duty of the testator to communicate the above matter to the executor of the
Will or any other family members, which will make the Will valid after testator death.
3. Details of ownership By The Testator: A testator while making a original Will should
specifically mention that who should own his entire property or assets so that it will not
affect the interest of the successors after his death. If testator wishes the name of the
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4. Attestation of the ‘Will’ : At the end, once the testator complete writing his Will, he
must sign the will very carefully in presence of at least two independent witnesses, who
have to sign after his signature, certifying that the testator has signed the Will in their
presence. The date and place also must be indicated clearly at the bottom of the Will. It
is not necessary that a person should sign all the pages of the Will instrument but he
must sign to avoid any legal disturbances.
5. Execution of A ‘Will’: On the death of the testator, an executor of the Will or an heir of
the deceased testator can apply for probate. The court will ask the other heirs of the
deceased if they have any objections to the Will. If there are no objections, the court will
grant probate .A probate is a copy of a Will, certified by the court. A probate is to be
treated as conclusive evidence of the genuineness of a Will. In case any objections are
raised by any of the heirs, a citation has to be served, calling upon them to consent.
This has to be displayed prominently in the court. Thereafter, if no objection is received,
the probate will be granted and It is only after that Will comes into effect.
Registration of ‘Wills’: According to the Section: 18 of the ‘Registration Act, 1908’ the
registration of a Will is not compulsory. Once a Will is registered, It is a strong legal
evidence that the proper parties had appeared before the registering officers and the
latter had attested the same after. The process of registration begins when a Will
instrument is deposited to the registrar or sub-registrar of jurisdictional area by the
testator himself or his authorised agent. Once the scrutiny of Will instrument is done by
the registrar and registrar is satisfied with all the documents then registrar will make the
entry in the Register-Book by writing year, month, day and hour of such presentation of
the document and will issue a certified copy to the testator. In case if registrar refuses to
order Will to be registered then testator himself or his authorised agent can institute a
civil suit in a court of law and court will pass decree of registration of Will if court is
satisfied with the evidence produced by the plaintiff. A suit can only be filed within 30
days after the refusal of registration by the registrar. If the testator willing to withdraw
the Will after the process of registration then a sufficient reason has to be given to
registrar, if satisfied he will order for the registration of Will.
• Voluntary Revocation: A testator who wishes to revoke his original Will which is
made by him on a specified date and time, he can make revocation of the will himself by
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writing a subsequent Will or codicil duly executed and by destruction of the previous will,
means by burning, tearing, destroying or striking out the signature of the original
instrument of a Will.
Probate: It is the copy of the will which is given to the executor together with a
certificate granted under the seal of the court and signed, by one of the registrars,
certifying that the will has been proved. The application for probate shall be made by
petition along with copy of last Will and testament of the deceased to the court of
competent jurisdiction. The copy of the will and grant of administration of the testator’s
estate together, form the probate. It is conclusive evidence of the validity and due
execution of the will and of the testamentary capacity of the testator. A probate is
obtained to authenticate the validity of the will and it is the only proper evidence of the
executor’s appointment. The grant of probate to the executor does not confer upon him
any title to the property which the testator himself had no right to dispose off which did
belong to the testator and over which he had a disposing power with a grant of
administration to the estate of the testator. Probate proceedings cannot be referred to
Arbitration. The probate court (whether it is the District Court or High Court) has been
granted and conferred with exclusive jurisdiction to grant probate of a Will of the
deceased.
‘Wills’ By Muslims Under ‘Mohammedan Law’: A Will under Mohammedan Law is called
as Wasiyat, which means a moral exhortation or a declaration in compliance with moral
duty of every Muslim to make arrangements for the distribution of his estate or property.
The Mohammedan Law restricts a Muslim person to bequeath his whole property in a
will and allows him to bequeath 1/3rd of his estate by writing will, which will take effect
after his death. A will may be in the form of oral or written if the will is in writing need not
be signed and if signed need not be attested. A cc to Shia Law if served bequests are
made through a will, priority should be given to determination by the order in which they
are mentioned a bequest by way of will. A Will Can be made by a person who is of
sound mind, major and possessing a absolute title, in favour of a person who is capable
of holding property except unborn persons and heirs. The revocation of will is possible
only if the subsequent Will is made by the testator. A Muslim person who is allowed to
bequeath 1/3rd of his estate, he can exceed its limit on testamentary power of 1/3rd to
1/4th in case where heirs gives consent or only heir is husband or wife.
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