SAARC Satellite:Space Technologies for Disaster Management in the SAARC Region

The tropical region of South Asia with non-linear processes need denser network of observations. What is presently available in South Asia is hardly 20-30 percent of these requirements. An extremely high-risk region is in fact poorly populated by the observational networks. The idea is of a common satellite in South Asian Association for Regional Co-operation (SAARC) whose members are Afghanistan, Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka.  All South Asian countries share common geophysical, meteorological and oceanographic factors. Space-based platforms can provide trans-boundary perspectives invaluable for more accurate weather forecasting, disaster risk reduction, crop harvest projections and other purposes.

The SAARC member states have separate set of policies, planning and programmes with respect to the development, regulation and integration of satellite information and communication technologies within the sphere of various activities and purposes. Though, these are often in consonance with each other, there is a need for convergence of processes for integrating satellite technologies with Disaster Management (DM) and Disaster Risk Reduction processes through policies, plans and programmes. A mechanism is therefore required to be put in place within individual countries as well as the region as a whole for ensuring complete integration of legal and administrative policies and structures, plans and programmes undertaken for the improvement of DM and DRR through satellite technology. The transboundary impact of disasters underlines the need for integrated policies and programmes. 

A number of regional and national institutions are working on various measures to advance DM and DRR through satellite technologies such as database of geological and weather fluctuations, etc. A platform is required for facilitating sharing of such knowledge or information in the form of images, databases, mathematical climate models, etc., conducting regional research studies and pilots and replication of good practices on both these issues among the member states. Therefore, it may be appropriate to consider setting up a SAARC Knowledge Management Centre on the lines of the SAARC Disaster Management Centre (SDMC). Alternatively, a Knowledge Management Division may be opened in the SDMC itself for better integration of technology at a regional level.

SDMC could help member states in establishing a regional mechanism for coordination between sector agencies in the member states on managing regional common resources and also to facilitate seamless integration of technology capabilities of the member states in times of natural Disasters.

In addition to the governmental agencies, a number of organisations/agencies, regional intergovernmental, regional alliances and networks, etc. are involved in activities pertaining to collection and processing of weather and geological information. The activities related to collection of weather and geological information and data across sectors and disciplines by various agencies result in data which tends to be relied upon in the event of a disaster. Thus, there is a need for developing a mechanism for monitoring and evaluating the information, whether in the public or private domain, which is gathered by various agencies so as to ensure compliance to a certain standard of quality. Guidance notes on compliance, quality control and evaluation criteria with different scales may be developed to guide both policy makers and organisations. A set of quality criteria with respective indicators to monitor and evaluate the data may also be developed for various levels on the basis of which member states or organisations involved in DM and DRR can depend on with respect to the reliability of the information received by them.

The tools and techniques used in information and communication techniques such as cloud computing, data analytics, mobile data networks, etc. should be integrated in DM and DRR policies and programmes. It may be beneficial to consider a common strategy for SAARC member states to integrate such tools and techniques in DM and DRR policies and programmes.

The SAARC member states have developed considerable scientific and administrative expertise on integration of information and communication technologies in various aspects of DM and DRR which should be utilised for the common good in the region. The SAARC Secretariat should create and maintain a pool of experts and institutions from the member states that may be utilised as when required by any member state. This list should also draw upon the expertise available with civil society organisation, including the corporate sector.

Integration of satellite detection and communication technologies in DM and DRR would be a long term process requiring sustained efforts on the part of various national and regional institutions. Promotion of satellite technologies in DM and DRR would thus necessitate long-term financial support. The SAARC Secretariat may consider making dedicated non-lapsable funding support for the purpose on a long-term basis. The SDMC could anchor such a facility.

As the developing of the SAARC region is attracting many foreign corporate entities in the information and communication technology sector to set up their businesses in the region, SDMC should explore the idea of providing a platform to them for their engagement and the pooling of corporate/foundation resources to augment government resources earmarked for leveraging satellite and other communication technologies for undertaking DM and DRR. SDMC should also provide a platform for continuous engagement with the corporate to support risk sensitive development.

FOR PEACEFUL USES OF OUTER SPACE.. UNOOSA

Photo Credit (c) UNOOSA Official page on facebook

The UN Office for Outer Space Affairs (UNOOSA) was initially established on 13th December 1958 by a General Assembly resolution as a expert unit within the Secretariat for providing services to the ad hoc UNCOPUOS. It was later transformed due to increasing demand, and became an Office for Outer Space Affairs within the department for Political Affairs. It is the United Nations office responsible for promoting international cooperation in the peaceful uses of outer space. In 1993 relocated to Vienna and assumed responsibility for substantive secretariat services to the Legal Subcommittee (previously it had been provided by the Office of Legal Affairs in New York).

Now UNOOSA represents the main organisation for space affairs within the United Nations, which implements the decisions of the General Assembly and the UN Committee on the Peaceful Uses of Outer Space (UNCOPUOS), and is the primary international forum for the development of laws and principles governing outer space. Its field of activity is to support intergovernmental discussions and the Committee and its Scientific and Technical Subcommittee and Legal Subcommittee. 

Moreover, it assists developing countries in using space technology for development and also follows all scientific and technical developments relating to outer space affairs. It maintains the Register of Space Objects on behalf of the Secretary General and also collects other relevant data and documentation. 

UNOOSA provides sufficient information to other specialised agencies of UN to coordinate their activities. In order to fulfil this goal more efficiently, UNOOSA organises an annual UN Inter-Agency Meeting on Outer Space Activities since 1980. The aim of these meetings is to discuss current and future activities, newest technologies and all other relevant matters. After the meeting two reports are produced and one is sent to UNCOPUOS and the second one is a report on the coordinated space-related activities of the UN system. 

The UN Committee on the Peaceful Uses of Outer Space (UNCOPUOS) was established in 1958 as an ad hoc committee by the General Assembly, who recognised the need for a mechanism ensuring cooperation on a global level in outer space activities. At the beginning UNCOPUOS had 18 member States and over the years this number increased to 77 in 2014. 

54th Legal Subcommittee of UNCOPUOS, 2015

UNCOPUOS contains one full committee and two subcommittees, the Scientific and Technical Subcommittee and the Legal Subcommittee, the Legal Subcommittee usually being responsible for the initial drafts regarding legal matters. Each subcommittee prepares a report that is given to main committee, and the main committee prepares the final annual report. The final report then goes to UN General Assembly and every year a resolution is adopted. UNCOPUOS normally proceeds by consensus. In practice this means that a proposal is made inside the UNCOPUOS and this is then negotiated and revised until all are willing to accept it and allow it to go to forward...

A general belief that US ratification of the CTBT would produce a series of subsequent ratifications creating a so-called domino effect

Although the verification machinery required to monitor the CTBT is eighty percent installed, as mentioned, 163 countries in the world have ratified the treaty, still proving to be problematic.

The United States has five primary, twelve auxiliary, eig

CTBTO Office at Vienna Intentional Center 

ht infrasound, two hydroacoustic and eleven radionuclide stations. All of them are certified except for three of the infrasound stations, which are in the planning stage.

United States still needed to ratify the treaty for it to enter into force, such as North Korea and Iran, will ratify the treaty even if the United States ratifies. U.S. ratification is a critically needed circuit-breaker: it would have an immediate impact on other holdout states, and add major new momentum to both disarmament and non-proliferation efforts. This may seem overly optimistic; however, international norms impose a powerful influence on states. International instruments and pressures have helped prevent a number of countries from acquiring nuclear weapons. Regarding the other holdouts referenced above, Indonesia had stated that it would ratify as soon as the United States becomes a state party; however, it announced at the May 2010 Review Conference of the Nuclear Nonproliferation Treaty that it would proceed to ratify on its own. Indonesia signed the treaty the day it was opened for signature, and its six auxiliary seismic stations in the IMS are all certified. 

It is widely believed that China will ratify the treaty soon after the United States. Like the other P5 countries, China signed the treaty the day it opened for signature, and the treaty has been awaiting ratification in the National People's Congress for thirteen years.  China was active in the negotiations in the CD and has participated in the work of the CTBT PrepCom, including on OSI. A high level Chinese diplomat in Vienna said, China fully cherishes the international norm that any nuclear test after the CTBT is a violation, including for those countries outside of the CTBT. 

In 1954 Indian Prime Minister Jawaharlal Nehru became the first to call for a nuclear test ban. India has supported the elimination of nuclear weapons for many years and participated dynamically in the negotiations in Geneva, serving as Friend of the Chair on verification and legal issues. However, the treaty did not include India's call for a time-bound framework for nuclear disarmament and did include India on the list of countries required to ratify for entry into force. India responded by withdrawing its four monitoring stations from the IMS and declaring that it would not approve the treaty in the CD.  

In 1998, India and Pakistan conducted a series of nuclear tests. India has since observed a moratorium on testing, and this is considered a condition of the United States for cooperation on the civil nuclear agreement of 2006. In 1999 Indian Prime Minister Atal Behari Vajpayee told the United Nations General Assembly that India would "not stand in the way" of the treaty coming into force. 

Nevertheless, others are not so optimistic, in view of a strong public opinion attached to the nuclear capability. Pakistan was also active in the negotiations and has attended a number of meetings of the PrepCom and three of the bi-annual Conferences on Facilitating Entry into Force of the Treaty (Article XIV Conferences) as observer. Pakistan has supported the conclusion of a test-ban treaty for many years, and voted for the treaty at the United Nations in 1996, unlike India. It has also observed a moratorium on nuclear testing since its tests in 1998. It was thought that Pakistan would sign the treaty in tandem with India; however, Pakistan has recently claimed that the US-India nuclear deal has affected the imbalance in their capabilities and that it will act according to its own security interests. Israel also participated actively in the negotiations in the CD. 

As an observer it was not permitted to break consensus; however, it contributed papers and proposed language that were reflected in the treaty. It was especially interested in the provisions for on-site inspections, being concerned about the non-abusive nature of the OSI regime, equal status in the Executive Council and adherence to the treaty by other Middle Eastern states. As the Executive Council is composed of regional blocs, Israel is concerned that it will never be given a seat in the group encompassing the Middle East and South Asia. Although many do not think that this will prevent Israel from ratifying, Israel is unlikely to let its rights be compromised. 

Israel continues to participate in the deliberations in the PrepCom, in particular on the OSI operational manual, training, and exercises. Iran served in the negotiations as Friend of the Chair on aspects of verification and on-site inspections. It signed the treaty on the day it opened for signature, voted in favor of the CTBT resolution in 2009 and has engaged in the meetings of the PrepCom, in particular in the Working Group on Verification. 

Iran contends that its activities are related to peaceful uses of nuclear energy, and has insinuated that it will link ratification to the CTBT with the establishment of a Middle East zone free of weapons of mass destruction. The argument has been made that if Iran is serious about its claim that it is not developing nuclear weapons, it would ratify the CTBT. It is one of the 118 members of the Non-Aligned Movement, which has voiced its support of the CTBT on a number of occasions. It holds the view that it has been in good standing with the NPT, and until Israel ratifies the NPT to address what Egypt sees as an imbalance in regional nonproliferation and disarmament, it will not support further arms control agreements, including the CTBT, the Chemical Weapons Convention, the Pelindaba Treaty, or the IAEA Additional Protocol. 

One of the priorities for Egypt is the establishment of a zone free of nuclear weapons and other weapons of mass destruction. 

North Korea is very difficult to assess, due to its closed and secluded situation in the international arena. It participated in the negotiations and voted for the UN resolution that adopted the treaty. It conducted two nuclear weapon explosions, in 2006 and 2009, and has not indicated plans in regard to the CTBT. 

When thoughts stampede inside, delve future lies in the past.. ?

To understand self and know future better, a visit to past self with all early dreams, aspirations and motivators -is critical. 

Sometimes, in order to go ahead we need to take several steps backwards. Just as a tiger steps back and crouches to gather strength before making a giant leap, we need to be acquainted with our past and ourselves before making a leap of faith. 

And since we need to lose some things in order to gain other, more precious treasures, it is critical to understand what is worth losing, and the risks that are worth taking. None of this is possible if we are uncertain about what we desire of life. In order to know that, we need to know ourselves and where we come from. Similarly, when we meet a stalemate in life, or a dead-end when we find no indication of where to go next, it helps to travel back in time to where we started off. It is there that we may find again what initially inspired and motivated us. 

What was it that delighted most in our young days? What dream gave wings and lent stars to our eyes? 

What angered us the most and made us want to lash back? And today ­ how far are we from those emotions, those motivators? 

Dreams and unfulfilled aspirations rooted in the past have that power. They keep you going. We all love to talk about what could have, but did not happen. Our regrets over unful filled dreams serve as a fuel to keep us going. The important thing is to remember the dreams. They connect our past to the present, and to a nebulous future. If we have fulfilled all dreams, met all aspirations, and have none other, what will hold us on to life? 

Sometimes a connect with our own past and young dreams can be painful indeed, if we realise how far away we are from what we once considered an ideal life, and that brings about a certain restlessness that disturbs us. But that’s no reason to lead half-lived lives. 

Placing self in the context of our origins helps give an idea of who are we, which helps to understand the veracity and strength of motivators, dreams and ambitions. Without knowing self, cannot move ahead. 

In order to build a worthwhile future, a short visit to our past self is essential…

CIVIL AVIATION & MALAYSIA

Malaysia Airlines is in uncharted territory after the disappearance of Flight MH370 in March with 239 people aboard was followed this week by the downing of another of its jets MH17, carrying 298 people, over Ukraine.

 

 

Before the disasters the carrier had among the worst financial performance of any airline. An even bigger question mark now hangs over the future of Malaysia Airlines, with its brand tied to two almost unfathomable tragedies. Some analysts say the state-owned airline won't survive a year without a substantial cash injection from the Malaysian Government. A bailout would address the airline's immediate financial problems but without far-reaching changes it could remain a burden on taxpayers and shrivel into regional obscurity.

My views on the airline's crisis.

 

 

• How bad is the situation for Malaysian Airlines?

Other airlines have come back from disasters but none have experienced two tragedies of such magnitude within the space of four months. "There's no historical precedent, It's completely not their fault, but right now if you ask any customers would they fly with Malaysia Airlines, they'd just have that negative sentiment of I'd rather choose something else." The airline was already losing about $1.6 million a day and has been in the red for the past three years. The disappearance of Flight 370 with many Chinese passengers on board also caused a backlash in the crucial China market. Experts don't see any short cuts to recovery. "It cannot be a quick fix, So the second question is do they have the financial resources to survive a year, two years? And the answer is, unfortunately, no."

 

 

• Is Malaysia Airlines to blame ?

The airline was blasted for its erratic response to the disappearance of Flight 370 en route to Beijing from Kuala Lumpur. Because the whereabouts of the plane was unknown, Malaysia Airlines had little meaningful information for the families of passengers. Communication of what information it did have was often mishandled, compounding the anguish of relatives. The plane, believed to have crashed far off course in the southern reaches of the Indian Ocean, still hasn't been found. The fate this week of Flight MH17, heading to Kuala Lumpur from Amsterdam, is far more clear-cut. It was shot out of the sky over an area of Ukraine controlled by pro-Russian separatist rebels. "They are a victim this time, so it is very different from a situation where they have no answers. The whole world is going to be sympathetic to them."

 

But another narrative questions why airlines continued to fly over the conflict zone. Some airlines were avoiding it, which involves taking a longer fuel guzzling route, but most were not. Malaysia Airlines may face more scrutiny about its risk management decisions once the initial shock of the tragedy dissipates. "It is unthinkable from a risk management point of view that the plane was flying where it was, Their brand is going to suffer serious damage, There is even a possibility the airline will go out of business."

 

 

• How should Malaysia Airlines handle the latest tragedy?

Clear, consistent and compassionate communications are essential.

"I think their immediate response has been consistent and caring. They are communicating on Twitter and Facebook, they are definitely going out on the commercial media. If they weren't getting the immediate response right, then it just would be the nail in the coffin for them. Being open and transparent, continuing to assist the families of passengers and crew members while also running a punctual and reliable business will help the airline build on the sympathy about its plight. Malaysia Airlines appears to have learned lessons from its halting slowness to react to the MH370 tragedy and is already applying those lessons.

 

• What can the airline do to rebuild it's brand?

The airline needs far reaching changes.

Because of its financial struggles, some analysts had advocated the sale of the state-owned airline to bring in fresh capital, ideas and expertise. Like all international airlines, Malaysia Airlines needs to renew its fleet with modern jets to be competitive, which requires substantial investment. Its capacity to make those investments is further compromised if travelers avoid the airline because of the disasters.

 

 

But the fact remains Malaysians are being tested in a great way. Special prayers, deepest condolences and sympathies to the "Nation of Love". 

WILLS AND CODICIL IN INDIA

                     

• Wills - Introduction

A Will is a document which ensures that your wishes with respect to your assets and property are followed after your death.
There Often arises problems and complications when a person dies without a Will. Yet we put off making a Will, not realizing the predicament we put our family in, after our death. It's a little effort that goes a long way. You will find the answers to the questions you may have had on making your Will, registering it and other relevant information.

• Definitions: A Will is defined as "the legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death." In other words, a Will or a Testament means a document made by person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator.

• Codicil is an instrument made in relation to a Will, explaining, altering or adding to its dispositions and is deemed to be a part of the Will.

• Executor is the legal representative for all purposes of a deceased person (testator) and all the property of a testator vests in him.

• Legatee/Beneficiary is a person who inherits the property under a Will.

• Probate is a copy of the Will, certified under the seal of a competent Court.

• Testator is a person making a Will and executing it

• Essential Characteristics

Legal Declaration : The documents purporting to be a Will or a testament must be legal, i.e. in conformity with the law and must be executed by a person legally competent to make it.

Disposition of Property : The declaration should relate to disposition of the property of the person making the Will.

Death of the Testator : The declaration as regards the disposal of the property must be intended to take effect after his death.

Revocability : The essence of every Will is that it is revocable during the lifetime of the testator. People capable of making Wills are, Every person who is :

1. not a minor
2. of sound mind
3. free from fraud, coercion or undue influence

• Forms & Formalities:

Form of a Will : There is no prescribed form of a Will. In order for it to be effective, it needs to be properly signed and attested. The Will must be initialed by the testator at the end of every page and next to any correction and alteration.


Language of a Will : A Will can be written in any language and no technical words need to be used in a Will, however the words used should be clear and unambiguous so that the intention of the testator is reflected in his Will.


Stamp Duty : No stamp duty is required to be paid for executing a Will or a codicil. A Will, therefore, need not be made on stamp paper.


Attestation : A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator.


Under Parsi and Christian law, a witness cannot be an executor or legatee. However, according to Hindu Law, a witness can be a legatee. A Muslim is not required to have his Will attested if it is in writing.


Registration : The registration of a document provides evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity. In India, the registration of Wills is not compulsory even if it relates to immoveable property. The non-registration of a Will does not lead to any inference against the genuineness of a Will. In other words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will.


Whether registered or not, a Will must be proved as duly and validly executed, as required by the Indian Succession Act. Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen.


Procedure for Registration : A Will is to be registered with the registrar/sub-registrar with a nominal registration fee. The testator must be personally present at the registrar’s office along with witnesses.

Revocation & Amendment: A Will can be revoked, changed or altered by the testator at any time when he is competent to dispose of his property. A person can revoke, change or alter his Will by executing a new Will, revoking the earlier Will, registering the new Will (if the old Will is registered), destroying the old Will or by making a codicil. On the marriage of a Parsi or a Christian testator, his/her Will stands revoked, this however does not apply to Hindus, Sikhs, Jains and Buddhists.

Narinder Singh Rao vs Avm Mahinder Singh Rao & Ors - A Will has to be attested by two witnesses to be valid and in case of transfer of Property Will registration is a Must (Supreme court Judgment: 22 March, 2013)

• Codicil:

A codicil is an instrument made in relation to a Will, explaining, altering or adding to its dispositions and is deemed to be a part of the Will. A codicil has to be executed and attested like a Will. A codicil is similar to a Will and is governed by the same rules as a Will.

• Probate & Letters of Administration

Probate: A probate means a copy of the Will, certified under the seal of a competent Court with a grant of administration of the estate to the executor of the testator. It is the official evidence of an executor's authority. A probate is mandatory when the Will is executed by a Hindu, Christian or Parsi in the cities of Mumbai, Calcutta or Chennai, or pertains to immovable property situated in Mumbai, Calcutta or Chennai.

Effect of grant of probates : A probate granted by a competent court is conclusive evidence of the validity of a Will until it is revoked and no evidence can be admitted to impeach it except in a proceeding to revoke the probate. However, it only establishes the legal character of the executor and in no way decides the title or even the existence of the property devised. The grant of the probate decides only the genuineness of the Will and the executors right to represent the estate.
The grant of a probate is conclusive evidence of the testamentary capacity of the person who made the Will.
A probate is conclusive as to the genuineness of the Will and appointment of the executors.
Once a probate is granted, no suit will lie for a declaration that the testator was of unsound mind.
Probate is conclusive as to the representative title of the executor.

To whom probates can be granted : Under the Indian Succession Act, 1925, a probate can be granted only to an executor appointed under a Will. However, it cannot be granted to a minor, a person of unsound mind, or to association of individuals, unless it is a company that satisfies the conditions stipulated by the government.

When a probate can be granted : A probate cannot be granted until the expiration of seven days from the date of the testator's death.

Letters of Administration: In the event a person dies intestate or a Will does not name any executor, an application can be filed in the courts of law for grant of probate.

To whom can a LoA be granted : Under the Indian Succession Act, 1925, a LoA can be granted to any person entitled to the whole or any part of the estate of the deceased person. However, it cannot be granted to a minor, a person of unsound mind, or to association of individuals, unless it is a company that satisfies the conditions stipulated by the government.

When can a LOA be granted : A LoA cannot be granted till the expiration of fourteen days from the date of the testator's death.

Legal Declaration: The documents purporting to be a Will or a testament must be legal, i.e. in conformity with the law and must be executed by a person legally competent to make it.

Disposition of Property: The declaration should relate to disposition of the property of the person making the Will.

Death of the Testator: The declaration as regards the disposal of the property must be intended to take effect after his death.

Revocability: The essence of every Will is that it is revocable during the lifetime of the testator. People capable of making Wills are, Every person who is:

1. not a minor
2. of sound mind
3. free from fraud, coercion or undue influence

• Executors:

An executor is a person who is appointed by a testator to execute his Will. In other words, an executor is duty bound to distribute the assets of the testator as per the provisions of his Will. A probate of a Will is granted only to an executor appointed by the Will.

Who can be an Executor : All persons capable of executing Wills can be executors. Even a minor can be appointed an executor of a Will, but a probate cannot be granted to the minor until he attains majority. A testator can appoint one or more executors. The appointment of an executor may be absolute or for a limited purpose or limited time. An executor as such does not derive any benefit under the Will, unless specifically provided for. However, as an executor has vast powers and the property vests in the executor until it is finally distributed to the legatees, it is therefore advisable to appoint a responsible and accountable person/institution such as a bank as an executor. The Executor is primarily appointed to manage the estate of the deceased for the benefit of the beneficiaries/legatees under the Will.

Legal status of the Executor : The executor is the legal representative for all purposes of a deceased person and all the property of the testator vests in him until the property is distributed as per the provisions of the Will. The executor is entitled to represent the testator in any legal action (not including criminal or defamatory proceedings). For example, an executor can sue for recovery of the testator?s debts. It is only the legal estate of the deceased that vests in the executor and the vesting is not of beneficial interest. The property vests in the executor only for the purpose of representation and administration.

Duties of an Executor :

1. To ascertain the assets of the deceased person.
2. To pay testamentary and funeral expenses.
3. To collect the debts and assets of the deceased.
4. To pay the debts of the deceased.
5. To apply for a Probate, whenever necessary.

• Applicable laws & Special provisions & Applicable Laws in India

The Indian Succession Act, 1925
Hindu Personal Laws
Muslim Personal Laws
The Indian Registration Act, 1908

• Special Provisions

Hindus, Sikhs, Jains and Buddhists :
A Will is not revoked upon the marriage of a Hindu, Sikh, Jain or Buddhists.
The executor can also be the witness to the Will.
A probate is mandatory in the event that a Will is executed in the cities of Mumbai, Calcutta or Chennai, to the extent that the Will pertains to immovable property in Mumbai, Calcutta or Chennai.

Parsis and Christians :
A probate is mandatory in the event that a Will is executed in the cities of Mumbai, Calcutta or Chennai, to the extent that the Will pertains to immovable property in Mumbai, Calcutta or Chennai.
On the marriage of a Parsi or Christian testator, his/her Will stands revoked.

Muslims :Muslim Personal Law governs a Muslim testator's power to make a Will, the nature of the Will, its execution and attestation thereof etc. Under the Muslim Personal Law, a Muslim testator can make a Will orally or in writing and no form is required for such writing. However, it is preferable to have a written Will. If the Will is in writing it need not be attested. It may be noted that the provisions of the Indian Succession Act do not generally apply to a Muslim testator unless specifically stated in the Act.

In India, a person who is a major and of sound mind can make a Will and he can dispose of all or any part of his property by Will. However, there are two basic restrictions on the power of a Muslim testator to make a Will,
A Muslim can bequeath only one-third of his property by Will.
The heirs of a Muslim testator may consent to bequest in excess of one-third of the testator's assets.

A Muslim may change his Will during his lifetime or cancel any legacy. A Will may also become void if a Muslim testator, after making the Will, becomes unsound of mind and continues to be so till his death. Similarly, a bequest which is contingent, or conditional or in the future or is alternative to another, pre-existing one, would be void. If an executor is appointed by a Muslim testator, the powers and duties of the executor will be in accordance with the provisions of the Indian Succession Act which have been discussed elsewhere.

An Overview of Wills under Hindu Law: The origin and growth of Will amongst the Hindus is unknown. However Wills were well known to the Mohammedans and contact with them during the Mohammedan rule, and later on with the European countries, was probably responsible for the practice of substituting informal written or oral testamentary instruments with formal testamentary instruments. The Indian Succession Act, 1925, consolidating the laws of intestate (with certain exceptions) and testamentary succession supersedes the earlier Acts, and is applicable to all the Wills and codicils of Hindus, Buddhists, Sikhs and Jainas throughout India. The Indian Succession Act, 1925, does not govern Mohammedans and they can dispose their property according to Muslim Law...

Happily Married ! With Terms & Conditions...

                Prenuptial / Antenuptial Agreements In India



Under Section 10 of the Indian Contracts Act, prenuptial agreements have as much sanctity as any other contract, oral or written; just because litigation has not begun in this area does not mean that it has to be treated any differently, and that it cannot be enforced.
A prenuptial agreement is the latest fad that has hit the matrimonial scenario in India in the last decade. For the present age couple, marriage may be on the cards, but conditions apply. A pre-nup is a contract that would-be marrying partners sign into, laying out terms and conditions for distribution of financial assets, property, etc, in the event of a failed marriage or divorce.
Though quite popular in the West, the concept has not really taken off with Indians. Michael Douglas-Catherine Zeta Jones and Tom Cruise-Katie Holmes are among famous international couples that have opted for a pre-nup. As per reports, Catherine is entitled to receive a sum of 5 million dollars on charges of infidelity against Michael Douglas; Katie Holmes, on the other hand claims a whooping 3 million dollars for every year the marriage survives.
Documenting and agreeing upon division of property, child custody, cheating and philandering or negotiating other rights as means of safeguarding individual interests do spare the couple an embittered separation. This memorandum of understanding however, achieves an unreasonable status when clauses on paper cross the lines of prudence and enter the path of absurdity. The intention behind a pre-nup for a secure future post a split doesn't hold up in such circumstances.
One such example of a 'vicious' pre-nup can be found in the peculiar case of Anjali Sharma, a middle-aged businesswoman, who wanted to deny her husband the right to re-marry post divorce, besides asserting her claim over the custody of all pets, among other things. She realises, "It was a manifestation of anger, fear and insecurity, all combined together. Thankfully, it did not materialise."
A pre-nup may become a precursor to a negative married life ridden with lack of trust and one full of suspicion. Dr. Kamal Khurana, relationship expert and marriage counsellor, draws an analogy between a pre-nup and a restaurant menu. He says, "A relationship cannot be ordered for, like food at a restaurant. A pre-nup is precisely like that menu card, a deal you are willing to pay for."
Dictating outlandish terms like ownership of pets, far-out pointers such as barring the in-laws from staying over for more than two weeks or something as obnoxious as paying a fine for gaining weight over the marital years spell an outcome utterly immature and bizarre.  It clear that the trend of pre-nups is predominant among sections of the upper strata of society, in instances of second or late marriages.
 "Pre-nups that bar the husband from remarrying are a bit far-fetched and cannot be allowed within the jurisdiction codes." Nonetheless, he agrees that since one of the primary causes of dissolution of a marriage is pesky and interfering in-laws, 'lifestyle clauses' that determine the period of their stay is understandable and to some extent applicable. "Couples have forever been apprehensive of their in-laws. Pre-nups address such maladies."
 
In India, prenuptial agreements are not governed by the Indian marriage laws, but by the existing contract laws.

*Courts do take cognisance of a prenuptial agreement if both parties have mutually agreed, are competent to contract, and the prenuptial agreement clearly states the fair division of property, personal possessions and financial assets of the parties.

*A big advantage of a prenup is that it forces couples to have that all-important financial discussion before marriage.

*Issues that can be efficiently dealt with in a prenup range from divorce settlements, if the case arises, and the prevention of disputes regarding joint accounts to the custody issues of the children after the dissolution of a marriage. “Another important benefit of the prenup is that it offers protection from the spouse’s debts, if any.

*For couples about to take the plunge, it is perhaps wiser to go in for a prenuptial agreement that clearly outlines a fair division of property, personal possessions and financial assets, than fight over a favourite piece of furniture or pet in the process of dissolving the marriage.

*Almost 20 per cent of marriages that take place in the metros, especially in Mumbai and Delhi, involve some form of prenup.

*The problem, however, is that Indian courts have not totally recognised the validity of prenuptial agreements.

*However please note that in india marriage is sacrement not a contract .

Unable to find any judgements wherein courts have upheld validity of prenuptial agreements.