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The Last Kindness — A will, a nomination and a clear path for the people you leave behind
Nobody plans the week after a death. The family sits with a folder it has never opened, the society needs something in writing, the bank asks for a certificate nobody has heard of — and underneath it all is the question of who the flat now belongs to. This book is the order of things: what to do in the first ninety days, who inherits when there is no will, how to write one that a court will honour, and which court document unlocks which asset — with the letter, the form and the provision for each step.
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Each one is answered in two lines here, and in full — with the letter, the register entry and the resolution — inside.
No. The society admits the nominee as a provisional member so that someone is answerable for the flat; ownership goes by the will or the succession law of the family. The Supreme Court settled it.
s.154B-13 · Indrani Wahi (2016) 6 SCC 440 · Shakti Yezdani (SC, 2023)Inside: A-3 · B-1
Death certificate copies, written intimation to the society, keep paying the bills, find the will, one folder. Not: let anyone take the flat's papers or "take over". The first-week route, with the letter.
r.106C-6 · MBL 33–35Inside: A-1 · DS-1, DS-14
The society publishes a notice inviting the heirs' applications; the heirs apply with their documents, and where they agree, a registered family arrangement in Form Y-5 with an indemnity; where they do not, the court's document decides.
r.106C-6(1)(b),(2) · s.154B-13Inside: A-4 · DS-6, DS-8
Class I heirs — the widow, sons, daughters and mother each take one share; the branches of predeceased children take one share between them. The father is Class II and takes nothing while a Class I heir lives. Worked out for six families.
ss.8–10 HSA · ScheduleInside: B-2, B-3
Yes, by birth, whether or not her father was alive on 9 September 2005 — the Supreme Court in Vineeta Sharma. What that means for the flat and the HUF.
s.6 HSA · Vineeta Sharma (2020) 9 SCC 1Inside: B-3c
By the Shariat — fixed shares for the widow, mother, daughters and the residue to sons and others; a will can dispose of only one-third of the estate and, for Sunnis, nothing to an heir without the other heirs' consent. A lifetime gift (hiba) is the planning tool.
Shariat Act 1937 · s.129 TPAInside: B-4 · C-11 · DS-18
For a Hindu, Buddhist, Sikh, Jain or Parsi will made in Mumbai or concerning immovable property there — yes, probate is mandatory before any right under the will can be asserted. Elsewhere in Maharashtra it is not mandatory but often demanded.
s.213 read with s.57 ISAInside: D-2
Court fee on the estate: 2% to ₹50,000, 4% to ₹2 lakh, 6% to ₹3 lakh, 7.5% above — capped at ₹75,000; ₹10,000 if the applicant is the widow (August 2024 notification). Uncontested, commonly four to eight months.
Art. 10, Sch. I, Maharashtra Court-fees Act 1959Inside: D-2b · D-10
A succession certificate is for debts and securities (bank balances, deposits, shares) from the District Judge; a heirship certificate under Bombay Regulation VIII of 1827 comes from the civil court; the Tahsildar's certificate serves pension and government purposes. Which office for which asset.
ss.370–381 ISA · Reg. VIII of 1827Inside: D-5, D-6
Sign it before two attesting witnesses who see you sign and sign in your presence; keep beneficiaries out of the witness chairs; date it, sign every page, add a doctor's note if you are elderly; register it if you can. Then avoid the suspicious-circumstances traps the Supreme Court has named.
s.63 ISA · Venkatachala Iyengar AIR 1959 SC 443 · Kavita Kanwar (SC, 2020)Inside: C-4, C-8 · DS-16
For a sale, yes. For an heir or a nominee the Act expressly excepts the transfer from the dues-first condition — the dues remain a charge on the flat and are recovered, but they are not a bar to admitting the heir.
s.154B-7 · s.154B-14Inside: A-5 · D-9
The nominee receives; the heirs own — unless the law makes the nominee a beneficial owner (insurance, since 2015). Align every nomination with the will so the two never fight.
s.39(7) Insurance Act · s.45ZA BR Act · Sarbati Devi (1984) 1 SCC 424Inside: C-15, C-16
Nothing that decides ownership. Keep the flat's record in abeyance by resolution, admit no one, collect the dues, and wait for the court's document. The letter and the resolution are inside.
s.154B-13Inside: A-5 · DS-10 · R-6
Four families, four routes — who applies, with what, and the trap in each (the father who takes nothing; the second wife and the first family; the power of attorney from abroad).
ss.8–10 HSA · r.106C-6Inside: A-8
A Muslim's one-third limit; a coparcener's share that vests by birth; a nominee's beneficial rights under insurance law; property already gifted. The table of limits, so the will is written to the law.
s.30 HSA · Shariat ActInside: B-10b
This is the register of the book: what to do, with the provision and the format beside it. Read the first week and the will page, then decide.
That is the register. The full product has every entry, every letter and every resolution behind it.
Every figure is the figure you pay — nothing is added at checkout.
The complete handbook as a PDF — 125 pages
The will, the codicil, the Form Y-4 and every letter as .docx
Want to edit the letters in Word instead of retyping them? Pro — with editable Word files — ₹799 — includes every file as .docx.
Bought once, kept current. When a provision this book relies on changes — the Succession Act, the Hindu Succession Act, the MCS Rules, the model bye-laws, the court-fee schedule — you receive the revised edition free, at the email you bought with. And for one year from purchase you receive free update digests on major High Court and Supreme Court decisions on wills, nomination and succession.
The Acts and the bye-laws are free on this site and elsewhere, and a will needs no lawyer and no stamp. What you are paying for is the order and the judgement: which document for which asset, the step families miss, the clause that keeps a will out of court, the letter the society should send and the one it should not — with the provision beside each, and only real cases, named and dated. Two independent verification passes were run against the statutes and the reports before it went on sale; the two places where the earlier draft was wrong (the rule for family arrangements and the dues-first exception for heirs) were found and corrected in that process, which is what the process is for.
Yes. DS-16 is a complete model will for a Hindu, Christian or Parsi testator — declaration, revocation, family, schedule of assets, specific and residuary bequests, executor and alternate, guardian, digital assets, and the attestation clause in the words section 63 needs. Part C explains every clause so you do not copy what you do not understand. Sign it before two witnesses; register it if you can.
Yes — section 213 read with section 57 makes probate mandatory for a Hindu, Buddhist, Sikh, Jain or Parsi will made in Mumbai or concerning immovable property there, with the court, the petition heads, the fee slabs and cap, the widow's cap, and a realistic timeline.
Only real, verified decisions, named and dated: Indrani Wahi (2016) 6 SCC 440, Shakti Yezdani (SC, 14 Dec 2023), Sarbati Devi (1984) 1 SCC 424, Ramdas Sattur (Bom HC, 2009), Vineeta Sharma (2020) 9 SCC 1, H. Venkatachala Iyengar AIR 1959 SC 443, Jaswant Kaur (1977) 1 SCC 369, Kavita Kanwar (SC, 19 May 2020), Kale (1976) 3 SCC 119, Mary Roy (1986) 2 SCC 209, Om Prakash v. Radhacharan (2009) 15 SCC 66. Nothing else.
A download link on the screen and by email, live for a year. The book: one PDF, 125 pages. Pro: the same PDF plus a ZIP of 40 Word files — every format and resolution with the blanks laid out. An invoice is issued automatically and attached to the delivery email.
No. It is educational material published by SocietySeWA, written by two practising advocates and verified against the statutes and the reports as on 10 September 2026. Part F says exactly where it stops.
In preparation as a separate product. Buyers of the English edition will be told first.
A contested will or caveat, a partition, a minor heir's share, an HUF, a Muslim distribution, property abroad, a second marriage with two families, or a Registrar's notice already served — these are marked in Part F as the places where the book stops. Bring the file; the book tells you what should be in it.
Enter the address you paid with and the link is re-sent there. Links stay live for a year from purchase.
