Hello Brahamsingh,

Wednesday, March 17, 2010, 11:17:28 PM, you wrote:

> I better put a full-stop to this.

Yeah better. Before we send you into comma.

-- 
Best regards,
 Mean


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Hello Ravi,

Wednesday, March 17, 2010, 11:22:22 PM, you wrote:

> That is but a period :)

Better not to miss it though.

-- 
Best regards,
 Mean


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Ok. You win.
------Original Message------
From: Mean Drake
To: Nukkad-list
Subject: Re: [nukkad] Fwd: Open letter to Mr. Shahrukh Khan
Sent: Mar 17, 2010 4:09 PM

Hello Brahamsingh,

Wednesday, March 17, 2010, 11:17:28 PM, you wrote:

> I better put a full-stop to this.

Yeah better. Before we send you into comma.

-- 
Best regards,
 Mean


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Sent from my Verizon Wireless BlackBerry


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*A COPY-PASTE

*******

A Story on Monotony (on work) *
Source: Ramakrishna Paramahamsa

One evening a Swamiji of Sri Ramakrishna Mutt was addressing the
participants of an MNC company on the concept of work culture.

One of the participants asked the following question to the Swamiji: "I am a
senior manager of Materials Department and I joined an organization 25 years
ago as an Engineer Trainee and over the last 25 years I have gone through
every experience in the organization and I am now the senior manager looking
after the material function independently.

During the initial part of my career, the job was very challenging and
interesting. Every day was exciting and I looked forward to each day with
lot of interest.

However, all those exciting days are gone since I do not find my job any
more interesting because there is nothing new in my job.

As I have seen and handled every conceivable situation there is no more
challenges in my work.

I am now feeling bored because I am doing a routine job..

However, Swamiji, I am living in the same house for over forty years, I am
the son for the same parents for over forty five years, I am the father for
the same children for the past ten years and the husband for the same lady
for the past twenty years..

In these personal roles I do not feel bored and the passage of time has not
taken away the zeal from me. Please tell me why I am bored of the routine in
the office and not in the house?




This was a very interesting question and we were all very anxious and
curious to know what the Swamiji had to say.The response from him was very
interesting and convincing.

He asked the executive the question: Please tell me for whom does your wife
and the mother of children cook ?

*The executive replied that obviously my wife cooks for all of us -the
family.

 Then the Swamiji said that because the wife 'Serves' others and because of
this service mindedness, she is not feeling tired or bored. Similarly when
you are at Home you are not percieving your role as the necessary work.*
*But in an office, we 'Work' and not 'Serve'. *
*Anything we consider, as service will not make us feel bored. That is
difference between Serving and Working.*


*He asked the executive to consider his work as service and not merely a
work....*

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I wish our clever young poets would remember my homely definitions of 
prose and poetry; that is, prose, - words in their best order; poetry, - the 
best words in their best order. -Samuel Taylor Coleridge, poet (1772-1834)
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HELLO ALL
Which is the best - or good cashless card for medical purposes

Thanks
Subhash Walve

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caravan of thinking.  - Kahlil Gibran  
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*[BEING SENT IN A SPIRIT OF INFORMATION SHARING AND LEGAL AWARENESS OF
SOCIETY]*


**

*****
*

*
*

*"WILL , LAST RITES AND ORGAN DONATION"*

* *

*                                                By:*

Dr. M C Gupta
MD (Medicine), MPH, LL.M.,

Ex-Professor, NIHFW / AIIMS

Ex-captain AMC
Advocate & Medico-legal Consultant
*Written for :*

“Geriatric Update 2010”, 21 February 2010, organised by Military Hospital,
Agra

Sponsored by: National Academy of Medical Sciences (India)



Every aged man or woman is concerned about death and its consequences for
his property and his or her body. The property can be taken care of by the
will. The body has to be given a decent burial or cremation. Some people
may, out of a philanthropic concern, like to donate their organs for use by
others. I would present here the legal aspects concerning these concerns of
the elderly population.



*A--WILL*



*1-What is a will?*

* *

A will or testament is “a person’s formal declaration (in writing) of his
intention as to the disposal of his property or other matters to be
performed after his death” (The Law Lexicon, second edition, by Ramanathan
Aiyar, Wadhwa and Company, Nagpur, 1997).



The points to be noted here are:



a--A will is a written document. There is no place for an oral will.
(However, it may be permissible as a privileged will in case of soldiers in
warfare or in an expedition or in case of mariners at sea.)



b--It is the declaration of “a person”. Thus an institution or a corporate
body, such as the HUF or a joint family, cannot write a will through its
Karta. It is possible for two persons, such as a husband and wife, to write
a joint will. However, in order to avoid ambiguity of interpretation and
execution etc., it is better to write an individual will.



c--It usually pertains to disposal of property, both movable and immovable.



d--It can pertain to other matters also, such as the donation of organs and
disposal / cremation of the body.



*2-Who can make a will?*

* *

Any person who is a major and is of sound mind can make a will. Even a
person who has some periodic mental incapacity or illness can make a valid
will if he is of sound mind when making the will.

* *

* *

*3-Is there a particular format for a will?*



No. There is no particular format. However, it is always desirable that the
will should be clear and unambiguous. When a lawyer drafts a will for a
client, he makes sure to use a language whereby all possible future
loopholes are covered. When the amount of property willed is large or when
there is a possibility of disputes arising at execution stage for whatsoever
reason, it is better to engage an advocate to draft a will.



*4-Does the will have to be written on a stamp paper? *

* *

No. There is no such requirement. A will is usually written on plain paper.



*5-Does the will have to be registered?*

* *

No. It is not necessary to register a will. However, when the stakes are
high or when there are chances of disputes arising, it is better to get the
will registered. When a dispute arises, the commonest plea of the disputers
is to challenge the genuineness of the will. When a document is registered,
a copy of the registered document is kept in the office of the registrar.
The registrar’s copy can help in proving that the will has not been
manufactured or forged.



*6-One may like to keep his will confidential. How can he do so if it is
signed by witnesses?*

* *

A will should be attested by two or more persons. The two persons need not
be present at the same time. The signature of a witness on the will merely
means that the witness has put his signatures on the document in the
presence of the testator at the specified time and place. It is not supposed
to mean that he has read the contents of the will. Witnesses can sign the
will without its confidentiality being compromised.



*7-Where should the will be kept?*

* *

It can be kept at any safe place. A bank locker is an example. It can also
be kept with one’s lawyer or a close friend.



*8-Who will ensure that the desire of the testator (the person who makes the
will) is carried out properly?*

* *

When the will is complicated or involves many properties or there are
chances of subsequent dispute, it is better to name a person, in whom the
testator has faith, as the executor of the will. The person so named may be
a close friend or the testator. It may be even his advocate. While naming an
executor, it is open to the testator to name a certain amount that may be
paid to the executor for his services.



*9-When should the will be written?    *

* *

Death comes without warning. Everybody should write a will, especially if he
has substantial property and more than one heir.



*10-What happens when the will is disputed?*

When somebody disputes the validity of the will, the dispute goes to the
court. After looking into all aspects and hearing the parties concerned, the
court issues a probate. A probate signifies the copy of the will which is
given to the executor, together with a certificate granted under seal of the
court, and signed by a registrar, certifying that the will has been proved.
This probate or copy of the will constitutes the executor’s title to act,
the original document being left in the registry. When the two documents
differ and the questions of interpretation arise, the court may look at the
original will before issuing the probate.



*11-What happens to the property when no will is available?*

* *

When no will or testament is available, the property passes to the heirs as
per the law of succession. In case of Hindus, the Hindu Succession Act,
1956, is applicable. In case of Christians and Parsis and those marrying
under the Special Marriage Act, the Indian Succession Act, 1925, is
applicable. In case of Muslims, Muslim personal law is applicable, which has
not yet been codified.  If the deceased did not leave a will, the court can
grant a “letter of administration” of his estate to any person who would
have been entitled to the whole or part of the estate.



*12-What is a codicil?*

A codicil is a document made in relation to the will which explains, alters
or adds to the statements in the will. A codicil is deemed to be part of the
will. Thus while the main will written earlier remains valid, certain
changes to it can be made by way of a codicil.

* *

*13-How can a will be revoked?*

* *

A will can be revoked by the following means:

--By burning or destroying in the presence of witnesses;

--By a written declaration to do so;

--By a codicil;

--By writing a fresh will;

--Normally, a marriage would be revoked by the marriage of the maker.



*B. LAST RITES*

* *

Generally, it is deemed as an obligation of the kin, neighbours and the
society in general to perform the last rites of the deceased in a dignified
manner. However, from a legal perspective, the question is whether the dead
man has a right to proper cremation or burial. As a matter of fact, the
basic legal question is: Does the dead man have any rights? This question
has been recently answered by the Allahabad High Court.

In the PIL Ramji Singh @ Mujeeb Bhai Vs. State of U.P. & Ors., the Allahabad
High Court observed as follows in its order dated 27-3-2009:



“We thus find that the word and expression 'person' in Art.21, would include
a dead person in a limited sense”. Under this concept of a dead man’s right,
the court held that the right to life has “an extended meaning to treat his
dead body with respect, which he would have deserved, had he been alive
subject to his tradition, culture and the religion, which he professed. The
State must respect a dead person by allowing the body of person to be
treated with dignity.”



The Court further added:



“If Courts are required to fulfill the desires of the dead person by
execution of his will, the same Courts are also obliged for giving
appropriate directions for the preservation and disposal of the dead bodies
and for that purpose, to give an extended meaning of the expression,
'person' in Art.21 to include dead bodies of the persons, who were human
beings, in a restricted sense.”



Earlier, the Hon’ble Supreme Court has also observed as follows:



"We agree with the petitioner that right to dignity and fair treatment under
Art.21 of the Constitution of India is not only available to a living man
but also to his body after his death."-- Pt. Parmanand Katara, Advocate Vs.
Union of India & Anr., (1995) 3 SCC 248





In Ashray Adhikar Abhiyan Vs. Union of India & Ors., (2002) 2 SCC 27,
too,  while
examining the rights of homeless deceased- unclaimed dead bodies, the
Supreme Court had recognised the right of decent burial or cremation.



In the case cited above, the UP government, in response to the directions of
the Allahabad High Court, had raised the amount allocated for cremation /
burial of an unclaimed body from Rs. 500 to Rs. 1500/- so as to take care of
necessary rites in a dignified manner.





*C—ORGAN DONATION*

* *

As science has advanced, it has become possible to prolong the life of
patients by replacing defective organs with functional organs from donors.
Common examples are the donation of eye (cornea), kidney, heart, liver and
bone. Medical aspects in relation to each would differ. The legal aspects
are discussed below in the form of questions and answers.



*1-At what stage of life can an organ be donated?*

* *

A body part may be donated at three stages:

* *

a—During life: As per section 3(1) of the Transplantation of Human Organs
Act, 1994, Act, “(1) Any donor may, in such manner and subject to such
conditions as may be prescribed, authorise the removal, before his death, of
any human organ of his body for therapeutic purposes.”

b—After death: As per section 3(2) of the Act, “(2). If any donor had, in
writing and in the presence of two or more witnesses (at least one of whom
is a near relative of such person), unequivocally authorised at any time
before his death, the removal of any human organ of his body, after his
death, for therapeutic purposes, the person lawfully in possession of the
dead body of the donor shall, unless he has any reason to believe that the
donor had subsequently revoked the authority aforesaid, grant to a
registered medical practitioner all reasonable facilities for the removal,
for therapeutic purposes, of that human organ from the dead body of the
donor.”

c— As per section 3(6) of the Act, “(6). When brain-stem death occurs: (6)
Where any human organ is to be removed from the body of a Person in the
event of his brain-stem death, no such removal shall be undertaken unless
such death is certified, in such form and in such manner and on satisfaction
of such conditions and requirements as may be prescribed, by a Board of
medical experts consisting of the following, namely:- (i) the registered
medical practitioner in charge of the hospital in which brain-stem death has
occurred; (ii) an independent registered medical practitioner, being a
specialist, to be nominated by the registered medical practitioner specified
in clause (i), from the panel of names approved by the Appropriate
Authority; (iii) a neurologist or a neurosurgeon to be nominated by the
registered medical practitioner specified in clause (i), from the panel of
names approved by the Appropriate Authority; and (iv) the registered medical
practitioner treating the person whose brain-stem death has occurred.”



*2-Can an organ be donated even when there is no express will or consent of
the person who dies?*



Yes. This can be done under provisions of section 3(3) of the Act, which
reads as follows: “(3) Where no such authority as is referred to in
sub-section (2), was made by any person before his death but no objection
was also expressed by such person to any of his human organs being used
after his death for therapeutic purposes, the person lawfully in possession
of the dead body of such person may, unless he has reason to believe that
any near relative of the deceased person has objection to any of the
deceased person's human organs being used for therapeutic purposes,
authorise the removal  of any human organ of the deceased person for its use
for therapeutic purposes.”

* *

*3-What should an elderly person do if he wants to donate his organs / body
after death?*

* *

The first thing is that he should make his intention clearly known to all
his close relatives and children etc. Making it known only to one or two of
them may not be sufficient because other survivors may be against any sort
of mutilation of the body. It is better that he should record his intention
in writing in such a manner that it is easily seen by others. A good example
would be to keep it in writing in his pocket diary or purse. Instructions
about disposal of one’s body can be made in a will also. However, it is
possible that the contents of the will may not become known soon enough
after death. He can also sign, during his life, a pledge to donate his
organs, such as eyes, after death, the pledge being retained by the eye bank
concerned. However, the effectiveness of such a pledge is limited because
there are chances that the eye bank concerned may never come to know about
his death.

For practical purposes, if a person is admitted in the hospital, it is best
that the patient (and / or the relatives) may voluntarily record the consent
for donation in the hospital case sheet itself. As a matter of fact, it
would be a good idea to include such consent as a part of the consent form
that is obtained from the patient / relatives at the time of admission.
Needless to say, it should be an informed consent.



M C Gupta

mcgupta44@gmail.com**


-- 
(Ex)Prof. M C Gupta
MD (Medicine), MPH, LL.M.,
Advocate & Medico-legal Consultant
www.writing.com/authors/mcgupta44

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Faith is an oasis in the heart which will never be reached by the  
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