Your
Advocate
Q:
My query pertaining to "Will" is that, once it is written
in Taka 150/- Non-Judicial Stamp Paper, is it mandatory to have it Registered
in the Court of Law? I do vaguely recall that, you already stated once
to a query that, Registry is not essential!
Thanking you very much in anticipation, I remain, Sincerely,
Jamal, on email.
Your
Advocate: Will is something to do with secrecy. The testator
may want the will to be public after his death and therefore, may not
disclose anything about it. Since will takes effect after death of the
testator its disclosure during his or her lifetime may entail various
complications. The persons who feel deprived may create problems. Again
the persons who are given the property are not always unlikely to wish
earlier death of the testator. So on both the counts disclosure is not
wise. Therefore, a document, which is related to secrecy, cannot be
made compulsorily registrable. But that does not mean that a will must
be secret and cannot be registered at all. The testator may well have
open talk about his intention with the prospective legatees and others
to settle own the shares he wants to give to each of them and get the
deed registered. The mere registration of will does not create any binding
on the testator. He can ignore the will created earlier and make a fresh
will in the names of fresh set of people. Law says that the latest amongst
the wills made by the testators will be treated as valid.
In view of the above
mere putting the will into black and white on any paper does not create
a legal obligation to get the same registered.
Q:
Dear Sir, I have a legal question and was wondering whether I could
get an answer for it. The scenario is : I own a factory, which has fixed
assets and incorporated under company law. I am the MD and my son and
wife are directors of the company. My father passed away and mother
is still alive. Suppose, if I pass away with the above scenario, who
will get the shares of the company and what percentages under Muslim
law. Will my mother be entitled to get shares even though she is not
part of the board of directors. Could you please explain. Looking forward
to your reply. Best wishes and thanks.
Masroor, Dhaka.
Your
Advocate: You have possibly missed my interest-area routinely
mentioned about me in this column. Any issue touching upon company matters
does not fall within my interest area. Nonetheless I can possibly give
you the answer. In case of your death your shares in the company shall
devolve upon your son, wife as well as upon your mother according to
the Muslim law of inheritance of course after satisfying the debt, if
any. Your mother, though not a part of the Board of Directors of the
company, is entitled to inherit the share left behind by you. As per
law your wife and mother as Quranic sharers will take 1/6th and 1/8th
of the shares respectively. And your son will take the rest. The shares
do not make any difference and are heritable in the same way in accordance
with Muslim law of inheritance as other property of the deceased are.
Your
advocate M. Moazzam Husain is a lawyer of the Supreme Court of Bangladesh.
His professional interests include civil law, criminal law and constitutional
law.
Corresponding
with the Law Desk
Please
send your mails, queries, and opinions to: Law Desk, The
Daily Star 19 Karwan Bazar, Dhaka-1215; telephone 8124944,
8124955, 8124966; fax 8125155, 8126154; email <dslawdesk@yahoo.co.uk
