Testamentary

Testamentary

A will, also known as a testament, is a legally binding document that articulates a person’s (testator’s) desires regarding the distribution of their property (estate) following their demise. Additionally, it designates a person (executor) to oversee the management of the property until its final distribution. While “will” historically referred to real property and “testament” to personal property, these terms have been used interchangeably throughout history. Therefore, “will” appropriately pertains to both personal and real property. A will can also establish a testamentary trust that takes effect after the testator’s passing.

Our Testamentary Services Cover:

  • Drafting Indentures of Trust, Wills, Codicils: With meticulous attention to detail, we craft legally robust documents that accurately capture your wishes.
  • Registration: We ensure the proper registration of your drafted documents, reinforcing their validity and enforceability.
  • Probate, Letters of Administration, Succession Certificate: Our guidance assists you in navigating the legal complexities to obtain permissions necessary for the distribution of your assets and property.
  • Legal Heir Certificate: We streamline the process of acquiring a certificate confirming the legal heirs in your estate.
  • Succession and Estate Planning: Through thoughtful strategizing, we work to ensure a seamless transition for the distribution of your estate, securing your legacy for generations to come.

However, the creation of a will is not merely a legal formality; it is a profound step toward securing your legacy and safeguarding your loved ones’ futures. Amid this crucial process, it’s essential to understand certain legal aspects, such as Section 138 of the Negotiable Instruments Act (NI Act), which pertains to dishonour of cheques.

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Bloomberg Law

It is a long established fact that a reader voluptatum page when layout.

courthouse 1

Bloomberg Law

It is a long established fact that a reader voluptatum page when layout.

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Legal Academic

  • Dissolution of Marriage: Helping you navigate the process of legally ending a marriage.
  • Restitution of Conjugal Rights: Assisting in cases where one party seeks the return of marital rights.
  • Child Custody: Guiding you through matters involving the care and custody of children.
  • Security Orders for Domestic Violence: Providing legal support for victims seeking protection.
  • Maintenance: Offering assistance in matters of financial support.
  • Property Disputes: Resolving conflicts related to family property.
  • Comprehensive Family Assistance: Covering a wide array of family concerns.
Criminal Aspects
  • Handling complaints under Section 498A of the Indian Penal Code.
  • Addressing issues under the Protection of Women from Domestic Violence
Act
  • Resolving complaints under the Dowry Prohibition Act.
  • Seeking maintenance and addressing various complaints under IPC sections.
  • Providing legal representation for bail applications.
Civil Aspects
  • Filing divorce petitions under the Hindu Marriage Act.
  • Petitioning for child custody under HMA provisions.
  • Seeking interim maintenance and expenses.
  • Applying for restitution of conjugal rights.
  • Suing for joint property partition.

Section 138 NI Act is a penal provision that addresses the punishment for the dishonour of cheques. To establish an offence under this section, specific criteria must be met, including:

  • Existence of the drawer and the cheque.
  • The cheque being issued in discharge of a liability.
  • Presentation of the cheque to the bank.
  • Return of the cheque unpaid due to insufficient funds.
  • Presentation of the cheque within the stipulated timeframe.

While the primary focus of a will is to ensure the orderly distribution of your estate, there can be scenarios where financial transactions involving cheques intersect with your testamentary intentions. For instance, if your will includes instructions for settling debts, loans, or financial transactions through cheques, the provisions of Section 138 of the NI Act may come into play if those cheques are dishonoured. It underscores the importance of considering legal implications beyond the mere drafting of a will.

Our legal professionals are dedicated to guiding you through the intricate landscape of testamentary matters, ensuring your wishes are meticulously documented and legally upheld. Your legacy is a reflection of your values, and we’re here to help you shape it with clarity and precision. Our services align your will, trust, and estate plans seamlessly with your goals, providing the most secure pathway for your loved ones’ future well-being.