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This is an archive article published on August 25, 2010

Will-making made easier by Dharohar

Dharohar,a new scheme by Delhi-based NGO Agewell Foundation to help senior citizens safeguard their wills,was launched on Monday.

Dharohar,a new scheme by Delhi-based NGO Agewell Foundation to help senior citizens safeguard their wills,was launched on Monday. It involves depositing the last testament in a sealed envelope with the foundation in the presence of two witnesses.

The service can be availed at a one-time payment of Rs 1,500 at the residence of the will-maker,facilitated by a representative of the foundation. Two alternative names (inheritors/solicitor or any trusted person) are to be mentioned on the envelope.

After the demise of the will-maker,the document will be handed over to the assigned persons in the presence of witnesses.

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As part of the scheme,the aged would also be assisted while drafting the will. “Mostly,the will-maker writes the will in favour of who he sympathises with,rather than who he has a personal affinity towards. This creates animosity in the family among children and expectant beneficiaries,which destroys the peace of mind of the maker in his/her old age,” says Himanshu Rath,founder of Agewell Foundation,which receives at least six calls every day for help.

Rath hopes the scheme will provide succour to at least a fraction of the 70 to 80 per cent of aged people in India who die without writing a will,leading to prolonged family feuds.

But some persons,like 74-year-old

C M Sharma,would rather keep their wills a secret. “I do not want to disclose the contents of my will because I fear it would lead to frictions in the family. I approached Dharohar and now they have secured the document in a bank locker. I feel very relaxed,” says Sharma.

Supreme Court advocate Sandeep Kapoor,who has been associated with Agewell Foundation ever since its inception 11 years ago,says,“We provide legal help to all aged persons who wish to write and safeguard their wills. It is not mandatory under the law that a testator should appoint an executor to execute the will. But,if the will deals with partition of property,for instance,we encourage the testator to choose an executor he has full faith in.”

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Anyone above the age of 18,of sound state of mind and free of charges like fraud,coercion or undue influence,can write a will for his self-acquired property.

The Indian Succession Act,1925,governs the execution,attestation,revocation and interpretation of wills for Hindus,Christians,Sikhs,Jains and Parsis,while the Muslim personal law governs wills made by people practising Islam.

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