Saturday, May 25, 2024

Last Will

I, Nagasatish Tiruveedula, resident of H.No.4-242, Mangalagiri, Guntur(Dt) - 522503, writing this will with sound physical and mental health.

Section 1 - Objective
The idea of the will is, my wife and my biological descendants can live without worrying about their daily needs and can pursue whatever goals that they have in their life. Any surplus money should be used for the development of the society in an efficient way.

I am not planning to change the spirit of the will in the normal course of time, but, the wordings and others may change to give better clarity, and the secondary beneficiaries may change based on who are trying to bring the major impact at that time.

If anyone brings any will that violates the above spirit, then that will must be scrutinized to the full extent. If anyone finds a will and it is claimed that it was written by me, and if it gives my assets to any person other than my wife and descendents or to some organization that does not help the society in the most efficient way, then the will has to be scrutinized to the full extent, and check whether it was written by me or not. Even if it was written by me, one needs to verify that, I was in sound mental health, and no one forced me to write that, and it was not a sudden/temporary decision that made me to write that.
Section 2 - Heirs (Primary Beneficiaries)

My Wife - Ashwini Akurathi
My Daughter - Krishna Priya Tiruveedula
All my biological descendants

The descendants would include only my biological descendants and does not include step children or adopted children. There is no difference based on the sex of the descendants. i.e. both boys and girls are treated the exact same way. 

Wherever Heirs word is used in this will, it would consider only these people and no one else.

Section 3 - Transfer of Properties

After me, all the wealth should be transferred to my wife Ashwini Akurathi. After her death, it should be transferred to all my children (irrespective of their sex - male or female) in equal proportion. After anyone's death, his/her properties (got from me) would be transferred to the biological children of that person. In the same way, the properties would be distributed to all my descendants. In case, any of my descendants do not have any children, then the corresponding properties should be transferred to the secondary beneficiaries.

Once any of my descendant expires, all his/her wealth (that got from me) would be transferred to all his/her biological children irrespective of their sex and age. Even if the kid is not yet born, he/she is bound to receive the wealth. If anyone of my descendants complete 18 years, they would eventually get the wealth (provided that his/her ancestors did not utilize all the wealth). 

Even if they are not alive at the time of the distribution of wealth, they are bound to receive the wealth. If they are not alive, then the wealth that they are bound to receive would be transferred to his/her biological children. If that person does not have any biological children, it would be transferred to the secondary beneficiaries.

At the time of the distribution of wealth (after the death of my descendant), the no.of partitions to be made is, no.of children who are alive + no.of children who are still in the womb + no.of children expired after completing 18 years.

Section 4 - Writing Will 

My wife and my biological children can write will as soon as they complete 18 years. For the properties that they are already entitled but not used (As mentioned in Section 7 onwards), they can write it to anyone. The remaining properties would go to their biological children only.

If they do not have any biological children, they can write it to either other heirs or to the people/organizations mentioned in the sections, Secondary Beneficiaries or Donations. When it is written to other heirs, then this will is applicable to those heirs. i.e., the corresponding wealth is added to those heirs as the wealth that they got from me, and usage restrictions would be applied as mentioned in the other sections in this will. But, the moment they beget a biological child, the part of the will for the remaining properties (the property that they are not entitled) would become null and void.

Section 5 - Secondary Beneficiaries

If any of my descendants die without any biological heirs, then the corresponding properties that he/she owns, would go to the below beneficiaries based on the conditions mentioned in the below order.

1. If Manthena Satyanarayana Raju is alive and actively managing Manthena Satyanarayana Raju Charitable Trust, then all my properties would go to Manthena Satyanarayana Raju Charitable Trust. If he is going to use this money for the development of any particular ashramam in a location, then I expect him to use it to develop any ashramam in Andhra Pradesh. If he is going to use it for spreading his speeches, books in different media/languages, then there is no restriction on that. His address is, Amaravathi Karakatta Road, 3-185 Venkata Palem Post, Tulluru Mandal, Guntur District, Andhra Pradesh, India, Pincode: 522 237.

2. If Manthena Satyanarayana Raju is not alive or not actively managing Manthena Satyanarayana Raju Charitable Trust, then also my properties would be transferred to Manthena Satyanarayana Raju Charitable Trust, but with a limit. The total properties that can be transferred to them would be at maximum their loans + assets. For example, at the time of transfer, if they have loans worth of Rs.1 crore and assets worth of Rs.2 crore, and if the market value of the properties that are transferred through this will is Rs.4 crore, then only Rs.3 crore would be given to Manthena Satyanarayana Raju trust.

[The reason for the limit is, if a person/organization suddenly gets significantly more money, they will not be able to utilize the money in the most efficient manner. I can trust Manthena Satyanarayana Raju, but not others. That's why, this restriction of the limit, in case he is not alive or not actively managing the trust.]

3. If there is any remaining amount, and if Dr.Jayaprakash Narayan (Founder of Lok Satta Party and Foundation for Democratic Reforms) publicly says, he/his political party that is managed by him, would participate in the politics in the next 4 years (from then date) in Andhra Pradesh, then the properties would be transferred to him/his party subject to the limit set by the Election Commission for the expenditure of the candidates (Contesting in Andhra Pradesh). The money should be used only for the campaigning and other things for the elections in Andhra Pradesh (Either Assembly or Parliament). For example, if his party is contesting for 5 MLA constituencies, and if the Election Commission's limit is Rs.30 Lakh per MLA candidate, the maximum amount that he can get is Rs.1.5 crore.

4. Any surplus properties/money after transferring to the above would go to ISKCON, Juhu, Mumbai. I expect them to use at least some of this property for the development of ISKCONs in Andhra Pradesh.

Section 6 - Enforcing of the following Sections

Everything mentioned below may not be enforceable with the present law. Especially regarding the limit to use liquid investments (like Shares, Mutual Funds or Fixed deposits), I am not aware of any law in India to handle it (Or it may be too difficult for anyone to handle). The following sections should be enforced wherever possible. If it is not possible to enforce, then the corresponding clause can be considered as null and void. Wherever there is benefit of doubt or if it cannot be enforced, the benefit should be given to my heirs.

The title transfer of the physical properties, and other liquid properties like Bank Accounts, Mutual Fund Units, Stocks, Fixed Deposits etc., should happen without taking into consideration of any of the following sections.

The following sections are written as my desire, and should be enforced if possible. Especially, when any of my minor heirs get the wealth, the following sections are very much required, so that, the guardians do not spend all the money.

Section 7 - Using Liquid Properties

I have investments in multiple liquid and non-liquid assets. Liquid assets include Savings accounts, Fixed deposits, Liquid Mutual Funds, Equity Mutual Funds, Stocks, Gold etc. Non-liquid assets include real estate.

The liquid investments are mainly categorized into three parts. Fixed income investments (Cash, Savings accounts, Fixed Deposits, Liquid Mutual Funds), Equity Mutual Funds and Stocks. My descendants can move the investments within a category, or from any category to Equity Mutual Funds. But, they are expected to not move the investments in any other way. Within a category, they can move to different types. i.e., They can invest in Liquid Mutual Funds by taking money from Fixed deposits, or they can put money from Savings Account to Fixed Deposits, or withdraw shares from one company and invest in other company. But, they should not withdraw money from the Equity Mutual Funds or Stocks and put it in Fixed deposits. Any other dividends or additional income should be invested in Equity Mutual Funds.

When my heirs get the properties, they can withdraw not more than one fourth of the basic salary of the President of India per heir per month. Eventhough, the property is owned by only one person, he/she is expected to use that money for all his/her biological children and my parents.

The withdrawal amount is per heir and not per dependent. For example, if my daughter gets a son, and if my grandson has a wife and kids, his wife may be dependent on him. But, she won't be an heir.

As of Jan 1st, 2020, Basic Salary of the President of India is Rs.5,00,000 per month. For example, after my death, if the surviving members are my wife, my daughter and my parents, then the total no.of heirs is 4. They can withdraw 4 * (1/4) * 5,00,000 = Rs.5,00,000 per month. My wife would get hold of all the properties, but, she is expected to use Rs.1,25,000 for my daughter, Rs.1,25,000 for my mother and another Rs.1,25,000 for my father.

If in one month, they withdraw less than they are entitled to, next month, they can withdraw that amount along with the next months' entitlement.

For example, in one month, if their entitlement is Rs.5,00,000 and if they withdraw only Rs.2,00,000, next month, they can withdraw, Rs.8,00,000. If they withdraw Rs.2,00,000 in that month also, then the next month, they can withdraw Rs.11,00,000.

The accumulation would be reset to zero, once the properties are transferred to a different person.

For example, after my wife gets all the properties and if she does not spend everything that she is entitled to, then after her death, my daughter cannot spend the money that my wife did not spend on the first day. She would start getting 1/4th of the salary of the president of India every month, and her accumulation would start, if she does not spend full money.

The liquid assets additional profit/interest/dividends is considered as my property.

If they move Equity Mutual Funds to Fixed Income Investments (like a Savings Account or Mutual Funds) or Stocks, it is considered as they used the money which they have withdrawn from the Equity Mutual Funds. However, if they move from Stocks or Fixed Income Investments to Equity Mutual Funds, it is not considered as using the money.

Once the entire liquid assets are spent or their entitlement crosses the liquid assets, then they can sell the real estate.

For example, if the liquid assets at my death or Rs.50,00,000, and in one year, if it grows to Rs.60,00,000, assuming there are 4 legal heirs (my wife, daughter and my parents), then in one year, my wife would reach her full entitlement and can start selling the real estate. For example, if my wife does not spend all the liquid assets and after her death, when my daughter gets all the assets, she has to wait for the full entitlement period before selling the real estate.

For example, if I have liquid assets of more than Rs.10 crore, and if every month, the value increases by more than Rs.5,00,000, and with 4 legal heirs, they will never able to sell the real estate.

Section 8 - Selling Physical Properties

After completing the entitlement only, my heirs can sell the real estate. After that, they can sell only one piece of real estate every 3 years. Similar to the liquid assets, if they don't sell any real estate for 3 years, and after 3 years, they can sell two pieces of real estate.

Similar to the liquid assets when the assets are transferred to the children, the children can sell only once in 3 years, even if the parent does not sell anything in his/her life.

Those whoever is buying the real estate properties, should read this will completely and get attested by at least three executors (as mentioned below) or a gazetted officer or a magistrate that, my heir used up all the liquid assets as mentioned in this will and is selling the real estate as mentioned in the clauses in this will.

Section 9 - Exceptions to the use/sell of the Properties

For the following reasons, my heirs can use the property without any limit (or as per the conditions set in the corresponding clause). The use should be only for my heirs and not for anyone else. For example, for health and education, they can use any amount. But, it should be used only for my heirs and not anyone else. My daughter can use any amount for her education/health or for her biological children. But, it should not be used for her husband or any others.

My heirs can use the property for the following in addition to the monthly entitlement.

1. Income Tax, Wealth Tax, Property Tax and any other taxes arising out of my properties [If my heirs have additional income or properties then the tax for that should not be paid with my wealth].

2. Takeover by the Government/Company: In case any physical property is taken over by the government or a company, then whatever the compensation that my heirs would get, should be considered as my property.

In case, my heirs get an option of giving or not giving, then they can give, if more than 50% of the neighbours are giving. In that case also, the compensation that they get is considered as my property. They can spend/use it as per this will.

If the compensation is in monetary form, they can keep upto three months entitlement in any form. Anything more than that should be invested in Equity Mutual Funds.  If the compensation is in another real estate form, then the next point would be applied.

3. Exchange for different real estate: If they were asked to give the real estate in exchange of another real estate, (like giving land in exchange of one or more flats in the apartment that is constructed in that location), then they can use that option. But, whatever they get in return is considered as my property and this will is applied for that as well. Whatever the return is considered as a single unit in the life of the heir who exchanged. When it is distributed to his/her descendants, and if it can be further divided, then it should be considered as multiple units. For example, if one piece of land is exchanged for three flats in an apartment, then the heir who exchanged it, can sell all the three flats in 3 years. When it is distributed to his/her biological children, and if all three flats go to single person, that person can sell those three flats in 9 years. If two pieces of land is given for one single flat, then the flat can be sold only in 6 years.

4. Health related expenditure of my heirs: My heirs can spend any amount without any restriction for anything related to health. It should be used only for my heirs and not for anyone else. For example, my daughter can use any amount for herself, her kids, and not for her husband or in-laws.

It includes any type of health related expenditure, including preventive procedures, and any type of medicine, like Allopathy, Homeopathy, Naturopathy etc. Joining in a Nature Cure Hospital/Ashramam is considered as preventive health expenditure.

It also includes the transport cost to the hospital, the staying expenditure and other required expenditures for the treatment. For example, for any reason, if the treatment is not available in India or if they feel, it is significantly better in the USA, then they can go to the USA and the expenditure for the trip would be treated as medical expenditure.

It also includes the cost of the people who are required to support my heir in the health treatment.

5. My heirs can spend any amount for their education. It is for my heirs' education only and not for others. My daughter can spend any amount for her children, but not for her husband.

6. They can donate to the hospital where they got treatment. The limit is upto 10 times of the hospital expenditure that would have incurred. If the hospital gives a discount to my heirs, they can donate 10 times to the cost before the discount. It does not include accompanying expenditures like transport, staying outside hospital etc.

7. They can donate to the educational institutes where they are studying, up to the limit of 10 times of the whole education expenditure.

8. If any of my heirs or his/her family member (who is living in that house) is contesting in the elections in India, they can use the limit set by the election commission for the expenditure of the election. They can also donate to other heirs or their family members, if they are contesting in the elections.

9. If they are working for any organization/system change as mentioned in Section 10, they can use any amount required as part of their work/management/ownership. For example, if they take full ownership of a branch, then they can spend any amount to run the branch. If they take only partial ownership, then they can spend only for the part which they own.

10. In case, my heirs become too wealthy to manage my real estate, they can sell my real estate properties with the following conditions.
  i. They are considered too wealthy, if their total assets after deducting all the loans, should be more than 20 times to the market value of my properties. If the market value of my properties is 1 crore, and if they have net assets of more than 20 crore, they can be considered too wealthy to manage my properties.
  ii. When they sell my real estate, they need to invest that money in either equity mutual funds or buy real estate where they can manage.
  iii. If they have biological children, the equity mutual funds or the real estate they buy should be put in his/her biological children name and should ensure that the children don't misuse.

11. When living with dignity is in question, they can use whatever the minimum amount required to live with dignity.

Section 10 - Donations 

My heirs can donate to the following organizations/persons up to 0.1% of the wealth per month. Either they can donate to the following organizations/persons in their life time or they can write will to transfer the properties to them after their death (if they don't have biological children). 

1. Dr. Manthena Satyanarayana Raju (Founder of Manthena Satyanarayana Raju Charitable Trust)
2. Dr. Manthena Satyanarayana Raju Charitable Trust
3. Dr.Jayaprakash Narayan (Founder of Lok Satta Party and Foundation for Democratic Reforms)
4. Any organization headed by Dr. Manthena Satyanarayana Raju
5. Any organization headed by Dr. Jayaprakash Narayan
7. To any political party/politician in India that supports capitalism and free market economics. The politician can be my heir as well.
8. Any fight for a change in the system, where the change would bring savings of 100 times to the expenditure. For example, for few diseases, going with Naturopathy/Homeopathy would reduce the cost significantly when compared to surgery in Allopathy.

Section 11 - Minors and Guardians

If any of the heirs get my properties when he/she is a minor, then the guardians can use the liquid investments as explained in the section "Using Properties" for their monthly expenditure (i.e. 1/4th of the basic salary of the President of India).

For education, they can spend an additional amount of 1/8th of the basic salary of the President of India.

For any exceptional use, like education and medical expenses, or to sell any physical asset, they need to get approval of at least three executors or other heirs (who are not living in their house) or a gazetted officer or a magistrate. If any of the executor or any heir is living in the house of the guardian, those people are not allowed to give approval. The guardian has to select executors and heirs who are not living in his/her house.

If the guardian is trying to sell any physical asset, the executors may increase the limit to more than 3 years. However, they cannot decrease from 3 years, unless there are exceptional health reasons for my descendant.

Section 12 - Executors

While executing this will, if any of the three of the below people, understand and sign, it may be considered as valid. In case, the below people are not available, it can be executed by any gazetted officer or any magistrate.

1. Rajesh Tiruveedula
2. Roja Rani Damerla
3. Usha Rani Damerla
4. Rajesh Damerla
5. Vinod Kumar Akurathi
6. Anusha Chillapalli
7. Manasa Chillapalli
8. Pravallika Damerla
9. Alekhya Goli
10. Dhanavarshini Samala
11. Sri Harsha Samala
12. Prithvi Narasimha Goli
13. Vijayarani Tiruveedula
14. Sridevi Tiruveedula
15. Bharath Ananta
16. Himaja Ananta
17. Any of my descendants, who is not a direct ancestor or descendant of the person trying to transfer the property [like a sibling, cousin etc.]

If any of the executors feel that, my heirs are getting deprived of anything against the spirit of the will, they can always pro-actively fight for them. Also, if any heir expires without any biological descendants, they always have the right to fight, so that, it goes to the secondary beneficiaries.

Surnames of all the women in the above list are the surnames before their marriage.

When the executors are called in, they can take the nominal expenses with potential loss of income for spending their time.

When any heir expires without any descendants, those whoever helps in doing the last rites and helps in executing the will (to transfer the properties to the secondary beneficiaries etc.) can take the expenses for that along with some potential loss of income for their time. The limit is up to one month of the basic salary of the President of India. If multiple people help in that, then the total expenses that all of them combined can take is, one month basic salary of the President of India.

When there are multiple people volunteering for the execution of the will, the preference should be given in the order mentioned above.