NDA KHARAKVASLA: THE EARLY DAYS

EARLY DAYS-REAL EARLY

But life actually began at 0415, to report to a 2nd termer at 0445 for a turnout check. He would then escort them to a 3rd termer for a further check. The 4th term Corporal Cadet would see them at 0515 and pass them for a check with the 5^th term Sergeant Cadet at 0530. One of them would then be detailed to announce "Foxtrot Squadron, 5 min to muster," reminding the entire Squadron to hurry up. He would then announce the Muster at the top of his voice, so that all were down by 0540, with their bicycles at their side, fully serviceable and squeaky-clean. Muster would see them all lined up outside, split into three groups, one per floor. These groups were called Divisions, each Division having its own 4th term Corporal, 5th term Sergeant and 6th term Division Cadet Captain, or DCC. Each Division had an Officer in charge, of the rank of Captain or equivalent.  No 6th termer attended muster-the privileges of seniority. Muster was a sort of roll call, with the Sergeants reporting full strength to the CSM, who would then inform the SCC accordingly. The SCC would inform one of the Divisional Officers that the Squadron was at full strength for Muster, adding details of any Cadets who were ill or due to go to the Hospital at 0600.

The CSM would carry out a random check in the interim. God help any cadet checked. He would say, "See me at 1330 in FSMO" or any uniform that took his fancy. The Sergeant would be ticked off later and the defaulter would get it in the neck after the CSM had finished with him. Most punishments were rough, but healthy, like running around the block with one's bicycle held over one's head. They built up stamina. The most common punishment was push-ups. These were painful, yet healthy. Front or back rolling, i.e. somersaults forwards or backwards were acceptable, as they were part of one's PT and one had to pass a Front and Back Roll Test. Often, one was referred to a good cross-country runner and he would say, "PT rig at 1330. We will run up 2475," the name of a hill that was at an altitude of 2475 feet above mean sea level. It could even be 2562, another hill in the area.

Often, the punishment would be delayed to Sunday morning, when a number of defaulters would go up both hills or even Sinhagad Fort. The last was torture, as it involved an 8 mile run across the Dam that created Khadakvasla Lake, a steep climb to 4720 feet and an equally long return trip. Four tough hours of cross-country, but still acceptable.He learned to dread what was called a 'Cabin Cupboard', where his cabin would be checked for proper layout and cleanliness. There was no way out and he saw where all the seniors found dust. He had seen his CSM remove his tubular mosquito rod and put his little finger in to pull out dust. The CSM had ordered him to put the rod in his mouth and breathe in; he just couldn't forget the bout of chest-racking coughs that ensued. He naturally expected to be punished and duly was. 

Not all punishments were healthy. There were the sadistic bums who would call one out into the sun-baked tarmac in front of the Squadron, bikes over ones' head, but bare-foot. Blisters would develop as the soles of one's feet felt like they were being roasted. Sometimes, one would be ordered to strip to one's shorts and front or back-roll over the tarmac, each contact with the hot surface becoming more and more agonizing. Evening punishments saw one climbing to 'seventh heaven' and then carrying out pull-ups, leaving bloodied fingers as the strands cut through the skin. Sheer pain would force one to let go and drop. There were some unstable seniors who would spray the floor with thumbtacks, letting one drop onto them without a care in the world. Even worse was getting under the hut-shaped newspaper rack and running with it upstairs and downstairs. The shinbones hurt like the devil, one's foreleg got skinned but one carried on.

In a way even such punishments were acceptable as they increased one's threshold of pain by a considerable margin. Then came the stupid idiots who would order one to back-roll downstairs, getting hurt in the process. Such injuries weren't too severe, except when a sadist would order one to wear Riding uniform with the Chindit pack and its add-ons like a water-bottle and ammo pouches full of sand. The pack weighed over thirty Kilos, but that was of no concern. Fortunately the authorities banned this when one fresher sadly broke his spine in the course of his punishment. It was a pity that it took such a tragedy for the authorities to step in.

The worst was Mental Torture. The Squadron would be asked to fall-in in the Central Lobby in divisions at 2130 or so on Saturday and then be asked to stay absolutely still till 0600 on Sunday. Some junior cadets would collapse but that was their own demise. He would be picked up and dumped under a piercingly cold shower, only to return soaking wet and back into the line-up. Some times, punishments could be fun. One cadet named Dinky, since deceased, had an electric guitar and he would ensure that freshers each term would be punished together. They would all climb onto the cycle sheds in the rectangular area that was enclosed by the four squadrons that formed a Battalion. The guitar would blare and all freshers would dance on the roof of the sheds, to the generous applause of many.

YOURS BUT TO DO AND DIE-- LEAVING ALMA MATER

ARMY ORDERS-YOURS NOT TO QUESTION WHY

Sometime the Academy Adjutant, invariably an Army officer from the Cavalry, would pass an order through the Subedar Major and his cohorts would execute them regardless of thought. One such order was that all cadets would carry their satchels. One could walk stark naked but if he did not have his satchel, woe betide him. Raincapes were not to be shared ; one heard the funny statement "Cadet, no two in one sharing rain!" Then came the turn of bicycles. As it was, the rule was that nobody, nobody other than 6th termers ever walked in the NDA. He ran. When the unserviceability rate of bicycles became high, the higher ups decided that all cadets would have their cycles with them, serviceable or not. So the militiamen executed the order as given to them. If the bicycles were not serviceable, then they were to be dismantled and all parts carried in the satchel, except for the frame and wheels, which were to become a garland of sorts, draped around one's neck. If a 6th termer's bike was flat, he would take a good one from the nearest 1st termer. The rest ran, as always. Good for one's stamina, as easily explained.

As many as four films were shown every week, one on Wednesday, one on Saturday and two on Sunday. One spent Monday discussing the last three films they had seen, Tuesday would go in anticipation of the forth-coming movie, Thursday went in the review of Wednesday's movie and Friday was spent awaiting the three films to come. Sunday morning films were generally cartoons for the kids, but who cared. At least one could get three hours of peaceful sleep, dead to the world. Not so with evening movies. The Adjutant would perhaps tick off the Academy Cadet Adjutant because the number of cadets on extra drills was too large for comfort. This was his way of showing who was boss. Nobody save the 6^th termers could leave the auditorium. As soon as all officers and their families left, the ACA would stride onto stage and conduct a parade of his own. All cadets would be forced to stand motionless for half an hour and then return to the Cadet's Mess for Dinner front rolling all the way. It was just a question of luck.

But then, how could he ever forget the horror that followed the Hindi movie 'Yeh Raat Phir Kabhi Nahi Aayegi, which, when translated into English, read 'This night will never reoccur'. Over 1200 cadets had front-rolled eight Kilometres along the periphery and missed Dinner. The ACA had been punished and replaced by the Adjutant, but that didn't alter the fact that they had ruined their clothes and had to purchase replacements. Exceptions apart, one could hopefully sleep through the film and then get away for a quick dinner. Dinner on Mondays and Thursdays were formal occasions and one wore the appropriate formal dress and observed the decorum of a dining-in night, for a five course meal, eating timings synchronized with the senior-most cadet on the table. At times all officers would attend and the dinner became easier to digest. One often saw a cadet pushing a solitary bean on to the back of his fork with his knife and picking up a morsel of bread that was exactly one-sixteenth of a slice. Front-rollers would brush past one's knees to deliver messages from one end to the other. All in good fun, though, though not for the cadet crawling under the table. 

Squadron spirit was essential. They would all go to cheer the Squadron Teams whenever a match was in progress. As a good all-round athlete, he had played Football, Hockey, Squash and Tennis for the Squadron, right from his first term. They would be cheered as a team, even with first termers playing. The Squadron fund would pay for their post match soft refreshments like Cokes and peanuts. Camaraderie was built up this way, to stand them in good stead later. The NDA stamp was all embracing, the very word establishing rapport. Yes, those were the formative years that had developed in him a sense of belonging to his unit, whichever it be. This was the most enduring of relationships, which would continue life-long. In fact, there was an occasion when the three Service Chiefs were course-mates from their salad days.

THE PASSING OUT PARADE

Squadron spirit was essential. They would all go to cheer the Squadron Teams whenever a match was in progress. As a good all-round athlete, he had played Football, Hockey, Squash and Tennis for the Squadron, right from his first term. They would be cheered as a team, even with first termers playing. The Squadron fund would pay for their post match soft refreshments like Cokes and peanuts. Camaraderie was built up this way, to stand them in good stead later. The NDA stamp was all embracing, the very word establishing rapport. Yes, those were the formative years that had developed in him a sense of belonging to his unit, whichever it be. This was the most enduring of relationships, which would continue life-long. In fact, there was an occasion when the three Service Chiefs were course-mates from their salad days.

His three year stay had passed off so rapidly that many occurrences had been forgotten. Ragging and punishment was history, condemned to the remotest corner of one's brain. The change of stream was the wisest decision of his life, even though his Naval course-mates were Commissioned one full year before him while the Army cadets had gained six months over him, their Commissioning being that much earlier. One never thought about such mundane things; it was infra dig. He had been appointed the SCC of his Squadron, a matter of great pride, as he had excelled in sports and done fairly well in Academics.

But he got his greatest thrills in Gliding. They were flying the venerable British Sedbergh T-21B Glider, and were allowed a total of sixty launches before appearing for a Solo Check with the Flight Commander, where one either failed passed. The check consisted of two Sorties, the second being a test of reflexes in case of any failures, like the tow-line attached to the winch snapping during the climb out, etc. He had passed and was presented his wings by the Flight Commander. He had shown great promise and flew five dual sorties with his instructor pilot, who then cleared him for three solo sorties, all on the same T-21B, with a 60 Kilo pack as ballast in the vacant seat. He was the only cadet permitted to fly the Eon Baby, an aerobatic single-seat ultra-light glider. He recalled hitting a thermal and climbing upto 6,000 feet above ground, 5,000 feet higher than he had ever been before. NDA when seen from the air was a magnificent spectacle. Seeing the historic fort of Sinhagad below him was yet another truly awe-inspiring picture. From that day onwards, he had decided that he would become a fighter pilot. 

He remembered his Passing-out Parade with nostalgia. As the SCC, he commanded his Squadron through the parade till it was time to separate from his boys and line up in sixes to march up towards the 'Quarter Deck' as the large dais was called. There was a mast with sails, much like the ships of the past. The National Flag fluttered with glory at the peak and the NDA Flag was one level below it, followed by the Colours of each Squadron. He remembered the final salute as they reached abeam the Mast, marching past in Slow Order. The other Cadets also marched away in Slow Order and the view from Big Ben showed the symmetry of the two lots of Cadets marching away from each other. This view was truly magnificent, to say the least.

The rest of the day went in a haze, with felicitations all round. He had taken his parents to meet the Commandant of the Academy, a two-star General in those days. They also met the Home Minister who had presided over the Parade and taken the Salute. How they reached home remained a blur in the distant past, travelling with proud parents who recounted the experience of the three days that they had spent in the NDA with their son. First the round of the Campus in a coach, with a smartly dressed cadet as guide and historian, boating on Khadakwasla Lake, the three-hour Cultural Show, the Dinner Night, the Polo match and the various displays put up by the other Cadets for their benefit.  What a dream that was, all of forty-five years ago.

MY FLYING AND OPERATIONAL PROFILE

                                                  Gp Capt Noel Moitra VM

1. An alumnus of Loyola School and Junior College, Pune, I hold a Diploma in German, obtained in 1972 from Goethe-Institut at Max Mueller Bhavan, Pune. A linguist, I speak French, Hindi and three other regional languages.
2. Passed SSLC Exam with Distinction.
3. 1st in UPSC Selection Exam for the National Defence Academy.
4. 1st in NDA Air Branch Cadets written tests.
5. 1st in Flying Instructors School, Tambaram, Chennai.
6. Bagged Majithia Trophy with record marks that still stand.
7. Inducted MiG-21 bis in 1976.
8. Fastest 1,000 hrs on the MiG-21 bis.
9. Appointed sub-editor for the Air Force Flight Safety Magazine
10. Inducted Mirage 2000 aircraft in 1985.
11. Only pilot to induct 2 types of aircraft.
12. Fastest 1,000 hours on the Mirage 2000 in the world.
13. Edited all IAF Coffee Tables from 1990 to 1996.
14. Staff Officer to 2 Air Chiefs.
15. Edited all that they wrote, from important letters to newspaper releases, compliments to obituaries.
16. Did 11 months flying cross-training in Germany.
17. Commanded a Mirage 2000 Squadron.
18. Awarded Vayu Sena Medal in '92.
19. Only pilot to have fired a S-530D BVR missile; it costs as much as a Mig 21.
20. Base Cdr at that Station, with 15,000 heads.
21. 1st in Staff College Entrance exam.
22. Did Staff Course in UK.
23. Did my BBA in the UK(University of Reading).
24. Did AREA Course in Japan.
25. Post-retirement, joined a publishing firm, Contact Communications and started commercial journalism, both writing and editing.
26. Raised its Technical Magazine to a level where it was judged best Asian Technical Magazine at IMB, Cologne.
27. Worked with a leading global aerospace and air armament concern till 2010.  
28. Freelance editor/writer today.  
29. Equally fluent in both UK and US English.

IN SERVICE TRAVEL PROFILE

Poona-Mysore-Bangalore-Poona-Bidar-Dindigul-Hakimpet-Jamnagar-Chandigarh-Tezpur-Halwara-Russia-Pune-Tambaram-Dindigul-Bhuj-France-Belgium-Switzerland-Holland-Norway-Sweden- Spain- Andorra- Monaco- Italy- Belize- Greece- Egypt-Doha-Dubai-Muscat-Saudi Arabia-Oman- Chile-Kenya-Seychelles-South Africa, Gwalior-UK-Gwalior- Delhi-USA-Gwalior-Allahabad-Nepal-Delhi-Japan-Delhi.

POST SERVICE TRAVEL PROFILE

Delhi-Colombo-Delhi-Germany-Delhi-Jordan-Israel-USA-Delhi-Djibouti-Accra-Lagos- South Africa-Seychelles-Kenya-Tanzania-Mozambique-Delhi-Puducherry-Muscat-Abu Dhabi-Bahrain-Dubai-Delhi-Malaysia-Bangkok-Delhi-Singapore-Manila-Delhi-Dublin-London-Scotland-USA-Delhi-Laos-Cambodia-Vietnam-Japan-Delhi-Bangladesh-Delhi-Colombo-Delhi-France-Scotland-London(UK)-Delhi-Jordan-Israel-USA-Delhi-Bangkok-Indonesia-Vietnam-S.Korea-Delhi.

MORE INFORMAL DATA

Preliminary Data: 

Diverse skills. 

  Ø  Intelligent, sharp, hard working, focused, punctual, work oriented and a team player.

  Ø  Invariably ranked first, since cadet days in 1967, in ALL courses undergone.

  Ø  Professional Military Pilot with 33 years of experience in the Indian Air Force (IAF).
  Ø Became Instrument Rating Examiner on MiG-21 aircraft.

  Ø  Instructor in Flying and Flying-related subjects since 1980. Ranked 1^st in the entry course.

  Ø  Tested air/ground crew on Mirage-2000 aircraft as sole Air Force Examiner for 5 years.
 Ø  Did my A-1 Instructional Rating on Mirage-2000 aircraft.

  Ø  Staff Officer to two Air Chiefs, the highest and most prestigious post in that rank (Lt. Col.).

  Ø  Wrote over six speeches/obituaries/prefaces/messages/presentations, etc. for both daily, 6 days a week.

  Ø  Specialist in editing and formatting mainly official letters and documents, as well as memos, minutes and reports.

  Ø  Considerable HR experience, commanding a Flying Squadron and later as Base Commander at an airbase housing 15,000 bodies.
  Ø   Awarded VM (DFC) 1993

  Ø  Widely travelled, with 62 countries visited, before and after Service. 

  Job Related

  Ø  Only pilot in the IAF to induct two new types of aircraft.

  Ø  Fastest 1,000 hours on both types.

  Ø  Wrote a Service Paper on gainful employment of Air Combat Missiles, another first.

  Ø  Acclaimed specialist in Low Intensity Conflict. Have written a thesis, unfortunately ‘classified’, on that subject.

  Ø  Have appeared on radio talk shows on the Kashmir issue.

  Ø  First writer on a new airflow control device. It has been included in the Aerodynamics  Syllabus for aircrew and is available at http://vortilons2.blogspot.com/; Part 1 is at http://basicaerodynamics.blogspot.com/

  Ø  Master of Ceremonies at all types of occasions, including Ceremonial like Parades, Awards Functions, etc. Commentator at Field Hockey, Soccer and Tennis matches.

  Ø Have absolute command over the English language and the nuances, inflections and subtleties that differentiate the exceptional from the excellent (Nickname: Thesaurix).    
  Ø In my spare time, taught the English language in a syllabus-oriented open forum for airmen. Gave one-on-one tuition to promising students. 
  Ø Quizmaster at Scindia School for a bi-annual all-India High School meet for 6 years
  Ø Did my Masters in English Literature.

  Ø An Indian native English speaker, I have done my education and over 95% of my work in Queen’s English.
  Ø Equally at home in US English.

  Ø Speech and Content writer of repute.

  Ø After retirement, edited 3 trade magazines for 4 years -TrendFusion, StitchWorld and  ApparelOnline.

  Ø Wrote Academic/Technical articles while editing and proofreading magazines, pamphlets, novels, novellas, academic & other non-fiction educational works, theses and website content.
  Ø Took over entire responsibility for the company's two websites.

  Ø Specialist on the WTO, particularly on the Agreement on Textiles and Clothing (ATC) and all restrictions thereunder(quotas); Corporate Social Responsibility (CSR); the ISO 9000 family of quality control mechanisms; ILO’s SA 8000, etc.

  Ø  Founder member of StitchWorld International Forum of Technologists (SWIFT), which examined, among a host of other issues, what was amiss in Indian workplace ethics, motivation, HRM and the tricky issue of gender discrimination.

  Ø  Check out: http://www.stitchworld.net/display0.asp?msg=1121&cat=13 and http://www.stitchworld.net/display1.asp?msg=446&cat=TechEvents both written by me. I feature in one of the photographs in the latter.

  Ø  Have written over two and a half million words and edited over forty million.

  Ø  Edited pamphlets, novels, novellas, academic & other non-fiction educational works.

  Ø  Did my Masters in Defence Science.

  Ø  My last job required me to write Military Aviation Concept and White Papers  for my  employer and prepare Powerpoint Presentations for them. I drew US$ 3000 per month for 12 hours per week. My contract expired in July 2010.

  Ø  Read speak and write German fluently.
  Ø  Teach Personal Finance at Sriram High School two hours a week.  
  Ø  Guest Lecturer in English Literature at Deshbandhu College,New Delhi.         

  Ø  Help non-native English speakers get exceptional grades.
  Ø  Did my D.Litt. from University of Delhi in March 2014.

Family Details

  Ø  Married in 1979. Wife holds a Masters in Sociology and assists me if required.
  Ø  Have a son, an MBA/BTech, working with AT Kearney in Mumbai.

  Ø  Have a daughter, who after 1½ years in the Hospitality Industry, joined Kingfisher   Airlines as an in-flight cabin assistant.

  Ø  I have no encumbrances of any sort. 

      Are you interested in becoming an Internet Marketer? 

      CLICK HERE
 

References  

1      Air Marshal S Mukerji, IAF      91-11-23010231; 91-08130622333

        Air Marshal SC Mukul, IAF      91-11-23010231; 91-09717796790

        Mr. D Mohindra, Editor-in-Chief, Contact Communications 91-11-24602283

 

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WILL OR NOMINEE? WHO INHERITS YOUR PROPERTY AFTER YOUR DEMISE?

WRITING A WILL

 

 Very Important - Please Read, Understand & Action

 Will your Nominee get the money on your death ?

 Did you think that your nominee is the person, who will get all the money legally from your Life Insurance Policy and Mutual funds investments? Ha! That is exactly what you think if you are not aware of the legal aspects. We assume a lot of things which sounds like they are obvious, but are not true from the legal point of view. Today, we all concentrate on nominations in financial products.

 

For whom are we earning? For whom are we investing? Who, do we want to leave all our wealth to, in case something happens to us? It might be your children, your spouse, parents, siblings etc., or just a subset of these. You also might want to exclude some people from your list of beneficiaries!. So you think you will nominate person X in your Insurance policy, and when you are dead and gone, all the money goes to person X and he/she becomes the sole owner? You are wrong, dude ! It does not work that way. Let us see how it actually does!

 

What is a nominee ?

 

According to law, a nominee is a trustee not the owner of the assets. In other words, he is only a caretaker of your assets. The nominee will only hold your money/asset as a trustee and will be legally bound to transfer it to the legal heirs. For most investments, a legal heir is entitled to the deceased’s assets. For instance, Section 39 of the Insurance Act says the appointed nominee will be paid, though he may not be the legal heir. The nominee, in turn, is supposed to hold the proceeds in trust and the legal heir can claim the money.

 

A legal heir will be the one whose is mentioned in the will. However, if a will is not made, then the legal heirs of the assets are decided according to the succession laws, where the structure is predefined on who gets how much. For example, if a man during his lifetime executes a will. In the will, he mentions his wife and children as legal heirs, then after his death, his wife and children are the legal owners of his assets. It is essential that one needs to execute a will. It is the ultimate source of truth and replaces the succession law. Nominee can also be one of the legal heirs.

 

Important

·         Mention the Full Name, Address, age, relationship to yourself of the nominee.

·         Do not write the nomination in favour of wife and children as a class. Give their specific names and particulars existing at that moment.

·         If the nominee is a minor, appoint a person who is a major as an appointee giving his full name, age, address and relationship to the nominee.

 

Why is the concept of nominee ?

 

So you might be wondering, if the nominee does not become the sole owner, why does such a concept of a nominee exist at all? It  is pretty simple. When you die, you want to make sure that the Insurance company, Mutual fund or your shares should at least get out of the companies and go to someone you trust, and who can further help, in process of passing it to your legal heirs.

Otherwise, if a person dies and has not nominated anyone, your legal heirs will have to go through the process of producing all kind of certificates like death certificates, proof of relation etc., not to mention that the whole process is really cumbersome! (For each legal entity! The insurance company, the mutual funds, for the shares, for the real estate..) . So, to simplify, if a nominee exists, these hassles do not happen, since the company is bound to transfer all your money or assets to the nominee. The company the goes out of scene & then, it is between nominee and legal heirs.

 

Example of Nomination

 

Ajay was 58 years old who died recently in an accident. As his children were settled, he wanted to make sure that his wife is the sole owner of all the monetary assets. This includes his insurance policy and mutual funds. So during his lifetime, he nominated his wife as a nominee in his term insurance policy and mutual funds investments. However, after Ajay’s death things did not turn up the way he wanted. The reason being Ajay did not leave a will. Though his wife was the nominee in all his movable assets, as per the law, his wife, along with children, were the legal heirs and all of them had equal right to Ajay’s assets.

One simple step which could have saved the situation was that Ajay should have made a will which clearly stated that only his wife was entitled to get all the money and not his children.

 

Nomination in Life Insurance

 

A policyholder can appoint multiple nominees and can also specify their shares in the policy proceeds. Nomination in life insurance has one limitation, as insurance policies are bought to secure your financial dependents, your first choice of nominee has to be your family members. In case you want to nominate a non-family member like a friend or third party, you will have to show/PROVE the insurance company that there is some insurable interest for the person. This happens because of a Clause called PRINCIPAL OF INSURABLE INTEREST in insurance. Note that provision of nomination in life insurance is related to Section 39 of the Insurance Act.

 

Note that as per LIC website –

 

Nomination is a right conferred on the holder of a Policy of Life Assurance on his own life to appoint a person/s to receive policy moneys in the event of the policy becoming a claim by the assured’s death. The Nominee does not get any other benefit except to receive the policy moneys on the death of the Life Assured. A nomination may be changed or cancelled by the life assured whenever he likes without the consent of the Nominee.

Make sure, you have a nominee for your policy for easy settlement of the claim, if you do not have any nominee mentioned in the policy, it can turn out to be a disaster for your dependents to get a claim.

 

Nomination in Mutual funds

 

In case of mutual funds, you can nominate up to three people, who can be registered at the time of purchasing the units. While filling in the application form, there is a provision to fill in the nomination details. Even a minor can be a nominee, provided the guardian is specified in the nomination form. You can also change nomination later by filling up a form which is available on the mutual fund company website. Nomination in mutual funds is at folio level and all units in the folio will be transferred to the nominee(s). If an investor makes a further investment in the same folio, the nomination is applicable to the new units also. A non-resident Indian can be a nominee, subject to the exchange control regulations in force from time to time.

 

Nomination in Shares

 

Quiz for you . Now you know what a nominee means and who actually gets the money. So if there is a husband H, with wife W and nephew N, and he has nominated his nephew N to be the nominee of his shares in demat account, who will have the legal right to own the shares after husband’s death? If you answer is wife, you are wrong in this case! In case of stocks, it does not work the usual way, if a will does not exist.

 

In the verdict, Justice Roshan Dalvi struck down a petition filed by Harsha Nitin Kokate, who was seeking permission to sell some shares held by her late husband. The Court noted that as she was not the nominee, she had no ownership rights over the shares. Ms Kokate’s lawyer had argued that as she was the heir of her husband who had died intestate (without a will), she should have ownership rights of the shares, and be able to do anything with them as she wished. In this case, Ms Kokate’s husband had nominated his nephew in favour of the shares. Justice Dalvi however noted that under the provisions of the Companies Act and the Depositories Act, Acts which govern the transfer of shares, the role of a nominee was different.

 

A reading of Section 109(A) of the Companies Act and 9.11 of the Depositories Act makes it abundantly clear that the intent of the nomination is to vest the property in the shares which includes the ownership rights there under in the nominee upon nomination validly made as per the procedure prescribed, as has been done in this case.

It means that if you have not written a will, anyone who has been nominated by you for your shares will be the ultimate owner of those stocks, The succession laws on inheritance will not be applicable but in case, you have made a will, that will be the source of truth.

 

Nomination in PPF

 

Let me give you some shock first. If you have Rs 10 lakh in your public provident fund (PPF) account and you have not nominated anyone for your PPF account, your legal heirs will get maximum of Rs1 lakh only! Yes, it is so important to have a nominee, now you get it . You can nominate one or more persons as nominee in PPF. Form F can be used to change or cancel a nomination for PPF. Also note that you cannot nominate anyone if you open an account for a minor.

 

Nomination in Saving/Current/FD/RD Account in Banks

 

FD’s also come with nomination facility. While opening a new account, there is a column for nomination in the same form and you should fill it. You can nominate two persons with first and second option. Note that in case you have not done any nomination till now, you should request Form No DA-1 from your Bank which is used to assign a nominee in future. (Examples of ICICI Bank , HDFC Bank , Canara Bank) . In the same way to change/cancel the nomination you need to fill up Form no DA-2. Read about Corporate Fixed Deposits

As per a famous case, A Bench of Justices Aftab Alam and R M Lodha in an order said that the money lying deposited in the account of the original depositor should be distributed among the claimants in accordance with the Succession Act of the respective community and the nominee cannot claim any absolute right over it.

Section 45ZA(2)(Banking Regulation Act) merely put the nominee in the shoes of the depositor after his death and clothes him with the exclusive right to receive the money lying in the account. It gives him all the rights of the depositors so far as the depositors account is concerned. But it by no stretch of imagination make the nominee the owner of the money lying in the account, the Bench observed.

 

Conclusion

 

Now you know! Taking Personal finance for granted can be fatal Just investing knowledge, is not enough to have a great financial life. You also need to be well versed with basic legal aspects and make sure you carry out all due arrangement . Nomination is one important aspect you should seriously consider, when checking for the financial products you have bought or plan to buy in future.

 

Mistakes in Personal Finance

It’s important to make sure that your loved ones do not face legal issues and only say and think lovely thoughts about you when you are not around, rather than crib & grumble.

------------

A SUGGESTED DRAFT WILL

 

JOINT WILL OF ABC AND DEF

We, ABC and DEF, husband and wife, resident of..... . hereby declare this as our last WILL and testament.

We got married on..... according to ...... rites. We have.... children. Particulars of our children are as under:-

1.     GHI (son), Date of Birth.... He is currently residing at....

2.    JKL (son), Date of Birth.... He is currently residing at....

We, ABC and DEF, declare that in the eventuality of anyone of us predeceasing the other, we bequeath our property, both moveable and immoveable and of any nature whatsoever, to the survivor. He or she will have the sole ownership and rights and power of disposal.

We hereby appoint the survivor as EXECUTOR of this will.

Further, in the eventuality of us both dying within short span of each other or without the survivor making a WILL, we bequeath all our property, both moveable and immoveable and of any nature whatsoever, to be equally shared between our sons. For this purpose we appoint our son, GHI, as the EXECUTOR of this WILL.

In witness whereof, we ABC and DEF, have signed at ....... (place), on this ......... (date in words)   day of ....... (month in words), year 2014.

 

 

 

(ABC)                                                              (DEF)

Signed by the said ABC and DEF in the presence of us, present at the same time, who in their presence and presence of each other, sign as witnesses hereto.

 

 

(MNO)                                                                        (PQR)