on behalf of beyond our CLC and through criminal associates. We welcome you all with senior advocate Amit Kumar Deshpande, who all we know that his knowledge on different issues of law has always been well received. And today's topic, as in when we were talking with him, the common bottom line was coming that we should do something on metakstra. So ancestral properties as with the metakstra and the changes which have brought forth in the Hindu Succession Act is the topic which we will take today forward. And since as we normally speak, once one person is from the Bangalore, et cetera, we asked the victim who is a close friend of ours, though virtually we have met him so many times. I'll ask him to share his insights about Mr. Amit and the topic for today. And then we request Mr. Amit Deshpande to share his knowledge. Over to you, Dr. Vikram. Thank you, Vikas sir. And it's a pleasure and it's an honor to speak about the learned senior advocate Amit Kumar Deshpande, sir. Sir is not apparently from Bangalore, as you mentioned, sir is from Kalburgi. And he is mainly practicing before the Kalburgi bench. And sir has vast knowledge and several facets of law. And yet again, it is an opportunity for us to here, sir, on a particular aspect, more particularly from the academic perspective, there on my personal behalf, as well as on behalf of Beyond Law CLC and Mr. Vikas Chhatrat, I extend a very warm welcome to you, sir. Thank you. I also welcome all the participants who have logged in on Zoom, as well as who are watching this live on YouTube. Over to you, sir. Over to you, sir. Yes, sir. Shall I start now? Yeah. Yes, sir. So first of all greetings and namaste to all. Thanks that you have taken out time to log in and have a discussion over this session. Before I would commence with the topic, I wanted to bring to the notice of all the people here that Mitakshara, a commentary on Yatneval Ke Smruti, is authored by Vidyaneshwar. His lordship, Justice M. Rama Joyce, who also was the governor of Bihar and Jharkhand, had found the inscriptions near a place in Karnataka, in the northern part of Karnataka, where just near 15 kilometers away from my hometown, Bulbarga or Kalburgi, in a place named Murtur, that this Vidyaneshwar, the author of Mitakshara Hale, and had actually authored Mitakshara from this place, Murtur in Kalburgi. A big vast Vidyaneshwar Bhavan is built in Murtur by the aid of his lordship, Justice M. Rama Joyce. All stalwarts of law have visited this place. I would request all of you who are interested in learning the original text of Mitakshara and learning the other principles related to Hindu law. Kindly visit this place, see the overwhelming collection of books, the library, maintained by Justice Rama Joyce, and now taken forth by few people in trust. As you all know, for every civil lawyer, one of the most basic and fundamental requirements is to know the law of succession. Across all jurisdictions, across all jurisprudences, law of succession is always a matter of importance. Therefore, this session, I have taken it as an opportunity to evoke and create some interest among the students of law, young lawyers, and others interested in this to have an in-depth insights and learning, an attempt to learn more, the concepts of Hindu law. Of course, Mitakshara doesn't deal with only inheritance or devolution or succession of property among Hindus. It doesn't deal with only ancestral property. It deals with several chapters and several aspects, including one aspect of how a judge should be chosen, what should be his qualities. Several such aspects are found in the original text of Mitakshara. Anybody interested may actually have a look at that text to know how the pre-British Indian or Bharatiya jurisprudence was actually working well. Now coming to the topic, when we are speaking of property, we all know property includes immobile property and mobile property. Across all the other jurisdictions and jurisprudences in the world, property owned by a person is succeeded to by the heirs of that person only upon the death of that person. I haven't come across any other jurisprudence or jurisdiction in the world except the jurisprudence, except the Hindu jurisprudence where right to property is available in a person from his birth and is not depended only upon the death of another person. Therefore this marks a very unique distinction between the principles of Hindu succession or inheritance and evolution and the principles of other jurisdictions and jurisprudences. We all know that the law recognizes the existence of what we reckon as the joint Hindu family. It is presumed that the normal condition of a Hindu is that he is in a joint Hindu family. However, this presumption doesn't carry with it the presumption that such joint Hindu family possesses joint Hindu family property also. It is required to be kept in your mind. This distinction between the two presumptions, one which is available and the other which is not available but has to be proved by sufficient evidence in the courts. Now a joint Hindu family consists of all persons who are linearly descended from common ancestor and includes the wives and unmarried daughters. Wives of all the male persons. While we are thinking of a joint Hindu family which consists of a broader number of persons, a narrower body in the Hindu joint family is a Hindu coppersonary. Hindu coppersonary as classically understood that is before the enactment of the Hindu succession at 1956, Hindu coppersonary consisted of all the male members of the joint family who are related to the present holder of the property up to the next three generations. In that way, if there is a person A, the propositors or the head of the family being male, his son, his grandson and his great grandsons all together would have constituted a Hindu coppersonary within the Hindu joint family. This Hindu coppersonary is a creation of law. It is stated that it cannot be created by agreement of members. However, an exception is that when there is a partition in the family and there is a reunion after the partition, then that's an agreement by which a coppersonary is recreated probably. With this exception, the Hindu coppersonary is a separate family, is a separate legal entity and is different from the joint family, Hindu joint family as such. As I had told earlier, as it is very unique to only Hindu jurisprudence, the members of this Hindu coppersonary acquire right and interest in the property of the joint family by birth. The sons, the grandsons and the great grandsons of the present holder of the joint family for the time being would all acquire an undivided and uncertain share in the joint coppersonary property held by the joint family. This was a concept which was known to the Bharatiya society, the Indian society. Mithakshara, one of the commentaries on Yadnaval Keshmodupi had described and enunciated several principles related to the inheritance and evolution and the characteristics of this coppersonary property and the copersonal rights. This Mithakshara and its principles with little variations through different commentaries of different authors was applicable to the whole of the country, accepting the states of West Bengal and few parts of Assam, as it said, somewhere where probably another commentary named the Dayabhaga was more applied. Mithakshara has been varied by few texts, say in the Konkan region or in the Bombay region. Otherwise, all the four schools of the Mithakshara Hindu law, the Bombay school, the Madara school, the Mithila school, the Maharas school, all the four schools have the common principles made applicable to the succession or the inheritance and evolution. Today, what is more important for us to understand is what are the basic characteristics of the coppersonary and the rights of the coppersoners over the property? Now, before that, we need to understand that property can be held by a person as his self-acquisition, as his separate property, or it could be a property which has devolved upon him through his ancestors. What we can broadly call as ancestral property is the property held by a person which has come to him through his father, father's father or father's father's father. Now, a property which has come to a person through any of his other relatives, though it would not be his self-acquired property, would also not constitute his ancestral property. So therefore, it is important to note that the property derived by a person from other relatives would not fall within the definition of ancestral property. Whereas, ancestral property would only mean that property which is derived upon him from his father, grandfather, or the great grandfather. Now, if it's an ancestral property which has derived into the holder of the property then, then as I told you earlier, he would not be the sole owner of the property, but he would have a share and interest in the property along with his sons, grandsons and great grandsons. So therefore, how would the other members of this co-personality actually get their rights defined? The shares and the interests defined in this co-personality property. What are the characteristics of this property? We saw the members of the co-personality. This is required to be understood with reference to certain principles enunciated in the text of Mitakshara, iterated, reiterated, emphasized and re-emphasized through several judgments of various high courts earlier and the honorable Supreme Court of India also. The incidence of co-personality property is that all the members of the family, all the members of the co-personality have a common ownership, they have unity of possession. Each member, though has only an unasserted share in the property, has commensality of ownership over the whole extent of the property along with the other co-personality. This is also very unique to the Mitakshara co-personality property. And each member of the co-personality co-personality has got an indefensible right to claim partition during the lifetime of his other, his parents, his father, father's father or the great grandfather. When he seeks for a partition or division of the co-personality property, the Shastric Hindu law, Shastric Hindu law in the sense the classical Hindu law or the Hindu law as was applicable prior to the enactment of Hindu Succession Act or the earlier enactments which dealt with succession or inheritance to the property held by a Hindu. Mitakshara had stated, as also few other authors and commentators earlier had stated that it is only in exceptional circumstances that a partition should happen in the family. Otherwise the normal condition of the family should be joint. There were various reasons why it was said so. One was the protection of the, all of the members of the joint family financially, socially and on all other grounds. However, at least by way of an exception, a partition or division of the property was permissible under the Shastric Hindu law, the classical Hindu law. So there a co-personer whenever he seeks partition or division of his share in the property would take to unto himself, carved out that share which he would be entitled to, de-hors the existence of the other living co-personers having their right and share in the property. When in the year 1956, the Hindu Succession Act was enacted. There were certain changes that were made to this classical text, the principles under the classic and the Shastric Hindu law. If we read through the debates of the Rajasabha of the 1954 and 1955, as to what made the law makers to bring in Hindu Succession Act in the form in which it was enacted in the 1956, was that amongst several other causes and reasons, one important factor that weighed in the minds of the law makers was that there was quite a bit of disparity between the rights of the female members of the Hindu joint family and the other members of the family. In order to confer equal rights on the female members of the Hindu joint family, the bill was proposed and after certain debates, the present, the then 1956 act came to be enacted. Now, one important change that we can find is that as was debated in the Rajasabha, pursuant to the joint select committee's discussion, one of the ideas was to make a way, do a way with this joint family concept so that there can be an equal succession, a common principle for succession of the property among the members of the Hindu family. However, a contrary debate was made saying that such step would be not so congenial for the existing situation then and therefore what was ultimately pointed out, what we have coined in was section six of the Hindu Succession Act as it was prior to the amendment 2005. Now, this section six actually stated that the concept of survivorship as was available prior to the 1956 enactment among the co-personers would still continue to be effective. However, with one change in the existence of any female member left behind by the deceased co-personer, the female co-personers, the female members of the female heirs of the deceased co-personer would succeed to the share that the deceased co-personer would have had in the co-personary property. Otherwise, prior to the 1937 act, prior to the Hindu women's right to property act 1937, if one co-personer in the co-personary dies, his right would survive upon the other surviving co-personers. Let us say that there are four brothers A, B, C and D who constitute the co-personary along with other male members of the family. And if A dies, then the interest in the property that A had would not be succeeded by his linear descendants, but would survive upon his brothers B, C and D. That was the principle prior to the 1937 enactment, prior to the 1956 enactment. The 1937 enactment made a small change where the few female members related to the deceased co-personer were given certain right in the property. So far as the interest of that deceased co-personer is concerned. Now, in the year 1956, they retained that principle initially stating that the female co-personers would also get their right to succeed to the interest that is left behind by the deceased co-personer. And if the deceased co-personer has not left behind any female heirs, then the classical principle of survivorship would continue to be effective on such property. Subsequently, however, as everyone of you know, by the amending act number 39 of 2005, the Hindu succession act 1956 is amended, right conferred on a son as a co-personer is now also conferred equally on the daughter of the family, daughter of the co-personer. So from the amendment act 2005, the daughter is also now equally a co-personer and therefore the definition of co-personery as I had told you earlier, will have to be also understood in the context of this change that now it would not only include the male members of the joint family, but also the daughters of the co-personers who would be included within the definition of co-personery, co-personers. However, the daughter is entitled to all the rights like a son in the co-personary property and is also amenable to all the liabilities that the son has. One important aspect we need to know is that when the property is inherited or succeeded by the children of the deceased co-personer, the person who is succeeding to this property would also retain that property as his ancestral property, koa, his children, his grandchildren and his great-grandchildren. This is how the Shastri Khandula would explain the nature of the property held by each person in the co-personary after the earlier co-person of the earlier generation passes away. However, a change is brought in under the Hindu succession at 1956 where the principle of survivorship of the right of the deceased co-personer on the other surviving co-personers is retained when the deceased co-personer does not leave behind any female heir. But if he leaves behind any female heir, then a notional partition is required to be made just before the death of the deceased co-personer. To carve out what would be his share in the co-personary property and whatever is his interest in the co-personary property will be then succeeded to by the heirs enumerated in the schedule to the Hindu succession act applying section eight of the Hindu succession act. Have a very serious look at this. There is an ancestral property consisting of the co-personers. One co-personer passes away leaving behind female heirs and other linear descendants. The female heir would get the right to succeed to the interest of that deceased co-personer under section eight. And now, if she is the daughter after the 2005 amendment, she would also be entitled to a share as a co-personer along with the sons of the deceased co-personer. The difficulty arises when it is to be decided as to what would be the nature of the property that the person who has succeeded to the deceased co-personer under section eight of the act. I would be referring to one decision of the Honorable Supreme Court in the case of C. N. Arunachala Moodliar versus C. A. Muruganatha Moodliar which is reported in AIR 1953 Supreme Court, page 495. Someone can actually type this so that others can note it. I'm very sure that everybody might be knowing this decision, however, for the purpose of learning, we need to note it. AIR 1953 Supreme Court, page 495. One important aspect was discussed in this decision as to the right of the father governed by the Mitakshara law to dispose of immobile property to a stranger without the concurrence of his sons and his right to give away the property under a will or a gift. While discussing this, one of the principles that was noted by the Honorable Supreme Court where the decision is rendered by a bench of three Honorable Judges of the Supreme Court is that when the property as is classically understood is derived from the father, father's father, or the father's father's father would be an ancestral property in the hands of the person who has derived it, then from that understanding of the definition of ancestral property, it was held that the property which a person derives from his father, father's father, or father's father's father would be held by such a person as ancestral property only. Even if it is by way of a will or a gift provided certain circumstances are proved or certain circumstances are existing. That is the will or the gift is made by the person who held this property with an intention to confer that right upon the son. Now this decision in paragraph 10 of the judgment, if I should read says this, the controversy arises on the question as to what kind of interest a son would take in the self-acquired property of his father which he receives by way of gift or testamentary request from him, Visavi, his own male issues. Does it remain self-acquired property in his hands also untrammeled by the rights of his sons and grandsons or does it become ancestral property in his hands though not obtained by descent in which his male issues become co-owner with him? And then referring to various decisions the Honorable Supreme Court in this case has answered the issue. Now this is a decision decided prior to the enactment of the Hindu Succession Act 1956. So this defines what was the understanding of the Shastric principle, the principles under the Shastric Hindu law. If we now go to read a decision in the case of Commissioner of Wealth Tax versus Chandraseen and many other decisions thereafter, especially a decision in the case of Uttam versus Saabhaag Singh and others reported in AIR 2016, Supreme Court 1169. The Supreme Court here, after referring to the decisions of Commissioner of Wealth Tax, Kanpur and others versus Chandraseen, reported in AIR 1986, Supreme Court page 1753 and few other decisions holds that a person who has succeeded to the property of his father who was a co-partner in the property would succeed under section eight of the Hindu Succession Act. When he succeeds under section eight of the Hindu Succession Act after a notional partition is made under section six of the Hindu Succession Act. Then because of this enactment and its clear intentment, it cannot be assumed that the person succeeding would hold this property for his children and grandchildren or great-grandchildren or any other heirs because the person succeeding is succeeding under section eight with reference to the schedule to the Hindu Succession act 1956 and the said schedule only refers to those persons who will succeed by implication, the absence of any other heir in the said schedule, the parliament has intended to exclude such a person from succeeding. If the parliament has intended to exclude such a person who is not enumerated in the schedule in the class one and class two of the heirs, then by this principle under the Shastri Hindu law, it cannot be extended and such persons who are excluded expressly cannot now be given the same right again. By this principle, it is held that no other person would get an interest in the person in the property which has been succeeded to by the said person. One of the reasons is also that section four of the Hindu Succession Act 1956 says that any other interpretation or any other principle contrary to this enactment, the enactment prevails and not the earlier interpretation of law continue to be effective. Therefore, this decision which refers to Commissioner of Wealth Tax for the Chandrasein which refers to Yudhishtir versus Ashok Kumar. Yudhishtir versus Ashok Kumar reported in AIR 1987, Supreme Court page 558, then Bhavarsingh versus Poran reported in AIR 2008, Supreme Court 1490, which all decisions basically follow the principle laid down in the case of Chandrasein. Would be stating that there is a complete deviation from the understanding of the concept of co-personality rights and the rights of the co-personals who have succeeded to the property of held by a deceased co-personals. Now with this probably as I understand, there will be a little difficulty in continuing the joint family itself which was one of the reasons for the enactment of 1956 act. I request all of you to read the Rajasabha debates where one of the members of the in the debate had stated that the purpose is to do away with this joint family system for the reason that the difficulties in succession and the anomalies in succession or inequalities in succession should be curtailed. However, after this 2016 decision in the case of Uttam versus Sabha Singh, I have come across another decision of the Honorable Supreme Court rendered by an equal, by the judges of equal strength, by a bench of equal strength. In the case of Arshnur Singh versus Harpal Kaur, this is reported in 2020, volume 14, SCC page 436. In this decision, the Honorable Supreme Court takes note of few of the decisions of the earlier era and then holds that after referring to Uttam versus Sabha Singh also, holds that if there is a sunburn to a coparsner who has succeeded to a coparsnary property, then so far as that succeeding coparsner is concerned, he would begin a fresh talk of his family and therefore the, in the facts of this case, distinguishing the facts of the case of Uttam versus Sabha Singh, the court holds that this would still be an ancestral property. Now, this makes a very interesting reading for a lawyer and therefore I request all of you to have a look at the decision in the case of Uttam versus Sabha Singh and also thoroughly read the facts of that case and thereafter to read the facts of the case of Arshnur Singh versus Harpal Kaur and understand how the Honorable Supreme Court has laid down the principles. The citation of Arshnur Singh versus Harpal Kaur is 2020, volume 14, SCC page 436. One other decision of the month of November 2019 now takes us back to the principle laid down in commission of wealth tax versus Chandraseen and holds that since the schedule enumerating class one and class two airs to the Hindu Succession Act, excludes few airs, the law has to be understood that the co-personer succeeding to the property held by another deceased co-personer would hold it under section eight and would not hold it for and on behalf of the children or the grandchildren or other members who would also come within the definition of co-personers with him. This decision is in the case of Radha Bai versus Ram Narayan rendered on 22nd of November 2019 by a bench of two Honorable Judges of the Honorable Supreme Court in civil appeal number 5889 of 2009. Another decision is in the case of Arumugam versus Ammani Ammal and others in civil appeal number 8642 of 2009 rendered on 8th of January 2020 by a bench of the equal strength of two Honorable Judges where again the principle in the case of commissioner of wealth tax versus Chandraseen has been followed and reiterated. I would request all of you to read these judgments also. I may remind all of you here that in these kind of sessions though it's only one person who is talking and trying to emphasize what are the principles of law this is essentially a session to evoke some interest amongst all the scholars here to have more research to do more research. So what I would be stating is not to be taken as a lecture but is to be taken as information so that all of you can now proceed further to make more deeper research on the issue. What I would like you all to understand is another important factor. Now let us come to all of you who are aware a decision of the Honorable Supreme Court in the case of Vinita Sharma versus Rakesh Sharma. Now I had read to you the judgment in the case of Sian Arunachalam Udliar the principle laid down therein then the principle laid down in commissioner of wealth tax versus Chandraseen reiterated in Uttam versus Subhag Singh reiterated in two other subsequent decisions. Now this Vinita Sharma versus Rakesh Sharma has overruled the decision in the case of Prakash versus Pulwati and partly overruled the decision in another case and has held that the amendment made to section six of the Hindu Succession Act where the daughter is now made a coparsner along with the son and is given certain rights and liabilities such amendment is retroactively applicable and few other principles are laid down therein. However, I want to emphasize something different. Kindly read paragraph 28 of the decision where the Supreme Court now holds that in case coparsnery property comes to the hands of a single person temporarily, it would be treated as his separate property but as soon as the son is born, the coparsnery would be revived in terms of the Mitak Sharala. The Supreme Court, this is a bench of three judges refers to two or three earlier decisions. It refers to the case of Sheila Devi versus Lalchand reported in 2006, volume eight, SCC page 581 which in turn has referred to M. Yogendra and others versus Leelamma and others and another decision is referred to in the case of Sita Bhai versus Ramchandra reported in AIR 1970, Supreme Court, page 343. Then referring to the principle of law laid down in the case of state work of India versus Khamandi Ram reported in AIR 1969, Supreme Court, page 1330. Kindly note this AIR 1969, Supreme Court, page 1330 which is a judgment which has clarified all the characteristics of the coparsnery property and so good learning even to just read this one judgment. Now in paragraph 28 of the decision in the case of Vinita Sharma versus Rakesh Sharma and thereafter referring to all these decisions the Supreme Court holds that yes, it is true that the sole coparsner would be holding that property for himself. However, if there is another son born to him then the coparsnery would revive as per the Mithakshara law. Here I would leave it to the audience here the scholarly audience here to now make more research into this and to see if there is any anomaly in the principles of law laid down emanating from two sets of decisions. Right from Sian Arunachal Mudaliar to Uttam versus Sabha Singh to Vinita Sharma. Is there any anomaly in the principles of law laid down if there is any anomaly which of it would be appropriate, justified in the given text of the act and under the principles of the Shastri Kindu law and what should be the interpretation if at all it is required to be given in the context of the enactment so that such scholarly research made by the community of lawyers would be assisting the corpse to arrive at proper decisions in future also based upon such research if necessary. Therefore, my endeavor is neither to tell you how much I have read it nor to exhibit how ill read I am but only as I told you earlier to make you all feel that yes, this is an area into which you all need to make more deeper research and whenever the occasion arises to place it before the court in your arguments in appropriate cases so that there will be better enunciation, deeper enunciation of the law. With this I would request Mr. Vikas and Sri Vikram to permit me to conclude here. I would once again remind all of you to kindly visit the place Murtur in Kalburgi or Gulbarga, the northern part of the state of Karnataka where Vidyaneshwara has authored this text, Mitakshara and even today after enactment of 1956 act also still we are unable to do away with Mitakshara. Mitakshara has still its own effect, is still being useful in deciding cases. Therefore, you all please come here once. Thank you, sir. Thank you, madams. All the elite group of scholarly people here. Thanks a lot for bearing me for this much of time. Mr. Meeth, it was not that one was bearing with you it is in fact a knowledge sharing. Knowledge sharing is always enlightenment of the mind as well as of the soul. This is Rajiv Talwar. He says what happens if a man had two marriages, one is unheard and second is working. Can the earlier wife also become a successor? One is married. Two marriages, one is unheard and second is working. Means second is actually this thing. The unaliment of the marriage has its own effect under the Hindu Marriage Act and therefore... Are you asking whether the earlier wife would be a successor? No. The earlier wife, see in this case the succession opens upon the death of the person who holds the property. As on the date of the death of that person whichever marriage succeeds that person would become the widow who would be succeeding under class one of the Hindu succession act, the schedule to Hindu succession act. Therefore, there is no question of the person whose marriage has been unheard. The widow or the wife or the female I can even call she she cannot even be called as widow. The female whose marriage has been unheard before the death of the person. It is the way it says if a partition occurred prior to 2005 in which daughter was not given any right after the amendment of 2005 will the daughter or her heirs get share in the joint property? Yes, sir. Vinita Sharma versus Rakesh Sharma is the decision which holds the field now which says that if there is an oral partition prior to 2005 then the daughter would still have a right to claim share in the property. The exception is with regard to a registered partition happening prior to 2005 or an oral partition which is evidenced by public records in an exceptional case. So if it is a registered partition the daughter loses her right which is a registered partition prior to 2005. If it is an oral partition which is not evidenced by any public record the daughter would be entitled to a share to reopen that whatever earlier partition had happened and to claim her right as a co-partner along with the other sons. This is Dr. Mohanar Bula writes that it's a great and a vivid presentation. Thank you to Dr. Mohan who is following regularly. We will share the judgments on the book we will ask Mr. Amit to share the total list we will share it on the WhatsApp group. Then Mithesh C.A. asked property granted from government whether it is a joint or a self-acquired property of the father? It is a separate property of the father you can also refer to the commentary on Hindulao by Mulla it is defined as to what are separate properties there are some nine properties which are enumerated in that commentary which are stated to be separate properties and all that probably is based upon some or the other decision of one of the other high courts in the country and therefore for the present we can say that such property would be his separate property. Chandra Shekhar Rao, Vinita Sharma 3-2-6-0-1 of 2018 and date of decision is August 2020 Yes and that is written by Justice Arun Mishra I will ask Mr. Trivikram to share his insights. Trivikram? Yes, thank you sir for our scholarly presentation in fact one of the questions I think that would be valid one asked in the box here is is there any time limit for the daughter to court or claim her father's property from the date of her father's death? Sir there is no time limit for filing a suit for partition because the cause of action to file a suit for partition would be a denial to give her the valid right and till that point of time should continue to remain joined with the others. So therefore there is no limitation as such for that few exceptions are where there is an alienation known to you and if you want to set as an alienation then article there are few articles but otherwise there is no such limitation for asking a share by filing a suit for partition by the daughter. And one question by Mr. Rajiv though it is slightly digress from the main topic I would just really torture sir in a will is it mandatory to state the reason why it is alienated to a particular person or son? The courts if we go through the principles of law laid down by the courts it is not necessary that it should be clearly stated in the will why he is disposing of the will and bequeathing the property in favor of one person to the exclusion of others. However what we call as suspicious circumstance is what the court would be looking up to to see whether the will is valid or not the will should not be shrouded with suspicious circumstances otherwise it is not mandatory for anybody to write the reason why he is excluding someone and is conferring the benefit on only one auto. This is an issue for a partition filed by the grandson during the life for the father is maintainable under the Hindu Shastra Clause. Yes sir absolutely it is it is maintainable. He is a Kopar sir along with his father and his grandfather and therefore being a Kopar sir he has his own right to carve out during the lifetime of his father and his grandfather whatever interest he has in the Kopar sir property. If the X inherits the 50% property of his grandfather directly in the first case and rest 50% after the death of the person with regard to the question is not very clear is the probate declaration of must to change the Khatha on the basis of a will? So far as I have understood it there cannot be a change of Khatha based upon a disputed will and therefore one has to seek declaration of one's right to the property to claim a change in the Khatha in the revenue records based upon a will because the revenue authorities have no jurisdiction to look into the veracity the correctness or otherwise of the will. However I think that's not the topic which we are discussing today That shows that we will have to discuss exclusively on will perhaps a lot of confusions and questions pertaining to will perhaps that could be our next topic of discussion. I think we lost Mr. Vikas for a moment I think he would be re-logging we will just wait for him before we wind up. Sir one question pose in the chat box which I could read in a small time if an unmarried son or daughter how would his assets be who succeeds to his assets kindly refer to the schedule to the 1956 act which describes the heirs who would succeed to there are class 1 and class 2 heirs and according to the entries there whoever is available would succeed just wait for few more seconds before we wind up I want Mr. Vikas also to be present we have lost him because of network issue I understand Mr. Hitesha has asked a question the answer to this question depends on several facts if there was a partition earlier in the 1974 upon and through a unregistered document or which is evidenced by public records now then the daughter or the heirs of the daughter will not be in a position to ask for the share otherwise it would not matter whether that partition which is not what accepted under section 6 of the amendment act 2005 if it is an unregistered partition or a oral partition which is not evidenced by public records then the daughter has got a right to claim partition in the property that is what exactly Vinita Sharma versus Rakesh Sharma judgment deals with the principles of law and the conclusions therein show this one other question is what happens to the female who gets the property under section 6 whether her children sons and daughters would have a right or not obviously her children the daughters and sons will have a right in the property of that female who gets the property under section 6 the children of that female become the class 1 heirs again so they will be entitled to that property Mr. Shashi Kumar has asked this question but yes I will just hear it out sir father had put partition case later it was closed after his death as abated can his children of deceased apply for fresh partition case after 6 years yes sir it can be applied for because suit being abated would not take away the right of any person and the children have their own right to claim the share in the property or their right or interest in the property and therefore they can file a suit again or they can revive the earlier suit by requesting the court to condone the delay so with few exceptions it is permissible more or less we have touched all the questions sir I am not aware whether I was competent to answer any of these questions I have made my attempt without any doubt sir without any doubt clarified and we have given utmost clarity to the topic discussed and you have also you are kind enough to answer other questions which were not actually connected to the main topic of discussion so we have to be more grateful to you for that so I think I am not able to see Mr. Vikas however I think it is time up so once again on my personal behalf and behalf of beyond law CLC any thanks to you for the scholarly presentation enlightening us on particular aspect of law sir thank you so much thanks a lot, thanks everyone


As the jostle for the highly coveted position continues, we examine the qualities of who would stare Nigeria's ship away from the ethnic, religious and political crisis it is faced with. And the Third Force movement adopts Labour Party for the 2023 elections. This is Plus Politics. I am Mary Anacoff. The primaries for the 2023 presidential elections are already here and political parties are preparing to nominate their candidates. It is the time to examine the potential prospects of who we are looking at to mount the bid for presidency. The Southern and Middle Belt Leaders Forum has insisted that zoning and rotation of presidency of Nigeria are fundamental to the future existence of the country and faltered what it called obvious schemes by two main political parties which are the PDP and the APC to zone its presidency to the north. Meanwhile, the Northern Elders Forum has faltered the clamour for major political parties in the country to zone their 2023 presidential tickets to the south saying that it would result to damage that the north would not accept. What's running us to discuss this is director of publicity Northern Elders Forum Dr Hakim Baba Ahmed and of course also joining us is the acting chairman of Bayelsa Elders Forum Chief Thompson Okruti. Thank you so much gentlemen for joining us. Thank you. Doctor, let me start by taking you back to 2015. Just before the 2015 elections while campaigns were ongoing we heard more of people saying that the 2015 elections was going to be a game changer. It was going to be that election that would steer the ship of Nigeria in the right direction. We heard those kinds of rhetoric. But then here we are seven years down the line. We don't necessarily know if we really can hold on to that assertion and now we seem to be hearing the same kind of rhetoric that whoever we choose would decide the future of Nigeria based on the fact that we are experiencing all kinds of shaking whether it be in the north, the south, I mean literally everywhere including the southeast. Can you really say that that statement that is being thrown around is something we can hold on to in picking a leader come 2023? Is this my question? Yes. Well first, thank you for inviting me to your programme. 2015 was supposed to have been a watershed. It was by all the indications on the ground we supported President Bohairi because we thought he was better than President Jonathan and he was going to do better than President Jonathan and that's why everybody was so excited. Literally we thought he was going to represent a game changer and that's why we supported President Bohairi. It turned out to be a watershed but in a negative sense of the country is a lot worse seven years down the road. President Bohairi has not delivered on any of his promises. In fact on the contrary we are worse off security-wise there is more corruption in the land than we think. We thought there would ever be under any president not to talk of a president that came to power on the back of fighting corruption. The economy is in a mess worse than it has ever been and so yes, we had hoped it was going to be watershed it has turned out to be a terrible negative turn of events. Poor governance, misrule, insensitivity on the part of the president elected to be the savior of the nation as so to speak. This is one of the reasons why we have insisted that we should be very careful this time. We made mistakes in 2015 in believing that an individual who comes forward with an image of a reformer was good enough to be our president we should learn our lessons from President Bohairi we should make that mistake again this time. So you're saying that we were looking more at I mean because you see every time somebody is being picked we look at the antecedents of a person we look at a trail of what the person has done if he's been a trailblazer and whatever he or she has done. So are you telling us that we made a mistake judging President Bohairi from his past being that many had said that you know his past when he was the head of state he was strict and many put their trust in the fact that he would be able to fight corruption being a no-nonsense person but I want to ask you what do you think changed was it the man who changed or was it us who thought that the man was capable of doing the job and he was not capable? I think I'll be honest yeah I think we were supported him where the people who made the mistake rather than the person he didn't change it turned out that President Bohairi had always just wanted to be president and the governance was not his priority there were difficult decisions to make there was no time to make those decisions he took all his time to make the wrong decisions and he allowed the country to drift when he should have exercised from grip on the nation governed with sensitivity, inclusiveness some level of empathy and lead, literally lead rather than just simply delegate responsibility so it turned out that many of us who supported him were wrong he wasn't and it turned out that he just wanted to be president and as far as we were concerned that was only me you talk about image I think if you are looking for a nail to hang on the President Bohairi mistake and whether it was real or not you have to hang it on the rocks that was created by the PDP from 1999 the PDP misgoverned this country and created the basis for which the people were desperate enough to trust someone like President Bohairi who, yes, in his first time of coming was extremely unpopular people said he took all the wrong decisions he was hard, he was unyielding he was insensitive but they saw someone who was who wasn't corrupt he had an exercise, he was a governor he was a minister of petrol resources general in the military he didn't have 100 houses he didn't have billions and he was a man who was consistent he said give me Nigeria and I will fight corruption I will rid it of corruption give me Nigeria, I will fight insecurity give me Nigeria and I will get our young people jobs and contrast him with Jonathan who then had the disadvantage of being in power and he'd been in power since I think 2009 and he was doing very badly so it was easy to choose Bohairi against Jonathan but you wouldn't know the mistake you make sometimes until the person you choose is actually in power and then the true character of the person shows one would wonder if we keep making this like you said mistakes by choice because it looks like every time we have a new leader we tend to say oh maybe the guy who we thought was bad could actually be better I mean we keep saying people even go as far as the Abbasanja era to say oh when during the Abbasanja era we were able to do this and that as opposed to now so now we're here in 2022 getting ready for 2023 and we've seen many people who have thrown their hats into the ring saying they want to lead this country and most of which we already know where they're coming from we've seen them lead in different capacities in this country so I don't know if we should be talking about the persons or we should be talking about Nigerians, we the people and the choices that we are supposed to make so I'll pose a question to you South what do you think that Nigerians need at this point in time because the North is saying well we don't necessarily need zoning the South East and the South South is saying we want zoning it's our time we should be able to take the lead in this presidential race but what do you think as an elder statesman the country needs to deal with the issues that we have on all fronts because I always say that if you were to put a compass and anywhere the compass pointed in Nigeria you would see that we're facing all kinds of problems whether it be ethnic, religious, terrorism, whatever it is what do we need right now to deal with the issues that we have on our plate what we need is to learn from the past it's vital that we learn what has happened to this country in the last 20 years since 1999 and then find the kind of person who would provide solutions to some of those problems that have become manifest the first one is we need a generally Nigerian president not an ethnic president not a regional president not somebody defined by his face but a Nigerian president who would be elected by all Nigerians in a free and fair election who would have solid record of achievement competence and experience behind him and the kind of Nigerian who showed the level of commitment and sensitivity to deal with issues of insecurity all the way from Borno to Oyo and deal with the issue of the southeast that is falling apart because of the activities of IPOC we want a Nigerian president who would not polarise the country but bring it together we want a Nigerian president who would build bridges and command rest we want a Nigerian president who would rebuild institutions public services, the economy we want a Nigerian who would be humble we want a Nigerian who would not allow himself to be corrupt or allow corruption around him literally we need a president who is entirely different from a lot of the people that we had in power since 1999 and now they come from everywhere everywhere you go you can find someone who fits that deal which is the reason why we make the case don't regionalise or localise the source of the presidency throw it open every Nigerian needs to feel that whoever becomes president is his or her person when you create an ethnic toga around the president the possibility that he or she might actually behave as if he represents a particular part of the country those possibilities are real and they are very dangerous more than anything else we don't want the future to become a whole stage of the past we made mistakes in the past but then there are people who are saying I'm sorry to talk over you there are people who say that why didn't we think of this before now why is it that it's the time of the south that we're beginning to wax lyrical about the kind of person that we need to lead us and Nigerianising our presidents instead of regionalising them and I don't know if we really do that but then we also have the conversation or the debate about federal character whether it be written in the constitution or not it comes to zoning we're saying that look Nigeria might be very diverse and for power to go round so everybody has a and this is not me saying it I'm just saying this is what the arguments that are being made so that everybody has a chance at it why I understand why was this not considered in the past when it's our turn when is the south where do you get the idea of the south is it written in the constitution well I just mentioned that when people say like you did now when you only talk about this when it's our turn how does it become anybody's turn it's not in the constitution it's not in the Nigerian constitution there is nothing anywhere that says that a president must come from a particular part of the country the constitution is very clear parties would choose candidates vote and we ever get the requirement to be president would be president that's the fundamentals but has that been the modus operandi before now because political parties will tell you especially the PDP who came up with this idea of zoning and that it was a gentleman's agreement but many have followed it even though there are those who would argue that at some points with the Jonathan experience there was a shift but the argument is still that if it's not in the constitution how come it's being followed up until now being followed by who by PDP and it's being followed by default let me remind you that the only party that introduced and codified zoning between north and south is PDP and PDP breached even that it's all rules over and over again I would like to remind you about the quarrels in 2014-2015 which in a way created the basis upon which the APC became the ruling party so this business of APC why is the zoning now is it not the same PDP that through ticket is open should this country become slave to PDP's failures and limitations PDP is only one party in this country it's not the only party that determines what Nigeria is doing PDP itself doesn't respect its own rules so how is it possible that what PDP did or didn't do or subverted now has become a mantra for everybody we are not you see people may confuse two things Nigeria is a diverse complex country it is a good thing that we should allow inclusiveness that's what we should allow every community in this country needs to see part of whatever becomes whatever government is for that is why the federal character provisions are there yet we single out one office the president's office and say it must be ours it's not the law does not allow any president no matter where he comes from to run a government to the exclusion of others okay so even the Buhari you hear about this complain that he's running another government it's not true I'm not a final president Buhari but it's not true that he's running a government there are ministers from all parts of this country there are public officers from all parts of the country the mistake we make is in thinking unless we have a president from our own president and the thing about it is that nobody is no body's president he's elected entirely from Nigeria so even if he drops from the heavens so long as he is the president he doesn't belong to anybody and he shouldn't belong to anybody that is the important okay well we're being joined now by the acting chairman of Biosa Elders Forum Chief Thompson Okuriti Mr. Okuriti I don't know if you've been following the conversation but let's talk about this issue of power shift you've heard Dr Baba Ahmed talking about the fact that we need a Nigerian president and it doesn't matter where he comes from that all that matters is someone who's able to lead the country in the right direction what are your thoughts? We've been in for about 45 years and the zoning became in place right from Second Republic and because of the enormity of the country because of the number of ethnic groups and because there is need for inclusiveness and because even the constitution says at some point the grand constitution of the Federal Republic I can't remember the section now if you are giving me some notice I would have quoted it that the federal government should do business in a second way that all parts of the country have been giving a sense of belonging that is silent zoning how do you do it? So it has been brought north south and then in the two zones you cannot do micro zoning that is how it has been but some people say that we are developing and we should get to a point where we should go for consensus but I do not think that that is the best for us now because there could be a case where there are competing competencies we are looking for the best person to rule this country and capacity is involved honesty is involved a track record is involved if you put all of this together you might have some three four people in one party that have the same qualifications so where do you go from there? in NPN time we had it very easy it is your turn so you now go into your zone and produce the candidate from the party for the general elections now, right now the major parties in the country PPP and APC are watching each other they shift dates up and down they want to know who is their first to produce a candidate so that they can use that to set their own program PPP is going for convention on Saturday while APC is on its coming later so whoever is produced by PPP will now to a large extent determine what APC will do that is my reading of the situation it makes me wonder because you painted a clear picture of what you think the political parties are doing so I want to ask what do you think is at the core of this aside from the fact that these parties want to win I am sure that every political party out there wants to win but then where does the avid Nigerian come in because I want again to go back to what Mr. Kimbaba Ahmed said Nigerians put their trust in President Bahari and you talked about also looking at the track record of a person Nigerians judged President Jonathan and the track record they hoped and trusted that he would be honest in fighting corruption in putting an end to the terrorism that we're actually faced with and also to give us employment as he said because he campaigned on these three things but here we are in the seventh year of his presidency we really can't say that he's been able to do that for us so again we see a lot of these men who are saying they would do this, they would do that does track record alone help us to pick the people that we want to pick again the avid Nigerian is faced with all of these candidates and not necessarily knowing who he or she might pick being that we're not involved in the picking the delegates are the ones who pick these candidates for elections so we're only at the mercy of whoever the party picks but then it looks like a game of chess for these parties where does the avid Nigerian come and especially those who are asking for zoning well I agree with you that Burani was elected in the business of a track record but that is not what it's turning out to be the country is in a mess and so that is why I did not call track record alone I named three other standards there is and talked about competence a leader for this country must be a competent manager of affairs and then he should be honest and have fear of God or Allah so that he can take this country to the best level, not next level and therefore think that the combination of qualifications because if you look at the qualifications there are also these qualifications these things have to be properly positioned so that this time around we can get it right the only thing that is not very clear now is what consensus would take us to we will produce the best person I think it's another experiment that is common even though at this age of a country we are supposed to stop experimenting and go for ground rules that are constant why Clinton said the other day that he came to the country he said Nigeria should build strong institutions not strong men and I said I do interesting I want to go back to Dr. Ababa Ahmed Dr. Ahmed we see lately the news has been talking about delegates within parties and we have seen a lot of people have termed these delegates as you know the guys who smiled to the bank after each of these primaries again how how much hope do we have in these delegates to pick the people who are right for the position to be flag wearers of political parties as opposed to who gives or who pays the most money I have I'm afraid I'm going to say something that I think Nigeria is still having broken up to I think that we don't realize that the nation and our entire history as a whole country has not become a victim of a particular class of politicians who know how to tweak us who have created themselves into a ruling class they just can keep simply recycling themselves recycling the system exploiting its weaknesses getting us to fight each other and just simply replacing each other I'm playing a game with our with our lives, with our welfare with our security, with our our love for each other and for the future of our children nothing really substantive has changed in this country PDP has been in power from 1999 until 2015 APC took over now if you look into APC you are likely to find that about 6 to 70% of the people in APC were actually PDP people in the past if you go back to PDP you are likely to find a lot of APC people who have defected there basically Nigerians are captive of two parties that recognize the fact that they can only retain power if one they create enemies out of all of us they are creating all this business that it's us, it's us, it's us there is really nothing absolutely no difference between the poor man in Oka and the poor man in Gombe that is the honest truth and yet they will tell you if you have an evil president then every problem that the evil have I'm only using the evil as an example this business of ours is pervasive everywhere including others they will tell you that northern president is going to protect northern interests and we ask a question which northern interests is it the bandits, the kidnappers the surgeons that are going on so you need to understand and Nigerians need to understand we have become captives of a game that is being played by the people who are in two camps PDP and APC and the issue that Eurasia the corruption involved in the way they run their parties the delegate system it's exactly the way they've been doing this since 1999 it's only getting the country worse a handful of people, literally a handful of people decide who becomes candidate then they line us up fill us up with venomous propaganda regionalism about ethnicity about faith and then we go home vote for either of them I'm praying one day before I die I would see in Nigeria where the masses you and I the ordinary people who have a lot to share, we're poor, we're insecure we're desperate, our children are losing faith in this country they're either leaving the country or they're leaving honest lives I hope to go to wake up and realize that we've actually been victims of a game of a ruling class which is what they are, they are in PDP, they are in APC and what is important is why do we need to believe that the best Nigerians can only come from these two parties they are just political parties why don't we look outside these two parties there are other parties and quite likely to feel better candidates there are not producing leaders unless you spend billions and billions and billions delegates and all these things anybody who spends 10 billion 20 billion are anybody and I say anybody just to convince a handful of delegates to give him or her a ticket I'm telling you that president is going to steal our commonwealths he's not going to become our president he's going to become a president for himself so we need to break the stranglehold of these two parties around us if we don't do that all this business is our turn and you have to go through an old antiquated and discredited system of delegates that's why president O'Hara refused to agree to indirect primaries that's why they refuse to tinker with the electoral process okay quickly because we're almost out of time I'm coming to you now as we wrap up this conversation how do we blur these lines that are dividing us because the average person will tell you that Nigeria is divided along ethnic and religious lines and now politics has been introduced into it and it's deepening the more and just like the doctor has said how do we do this within ourselves because this painted a picture saying that the political parties are the problem so if a handful of us understand this how does that same handful help the larger majority to begin to look within and start looking at ways that we can better the loss of Nigeria how do we go about that well I see my brother wishing he's alive talking so much because many of the people is talking to our death they are very deaf and I tell you that whichever way you look at it if you see political parties are the problem who are the people in the political parties are they not the same Nigeria now those political parties that we cast get a product of the society now what I think that we need to look at properly is the reorganization of the political system there are no solid parties there are no ideologies you cannot distinguish one from the other they produce people that do not even know their own party constitution and the manifesto of their own party so the political parties have to be popular reformed like the other day I was asking the question when they come with all these millions to buy forms and the parties at that point are saying that you have not been paying dues where is the system that allowed a member of a party to pay monthly dues whereas in the membership card there's columns there are 12 columns you're supposed to be paying your fees that the parties need the organization and if the religious and ethnic thing will not disappear in a hurry will not disappear in a hurry but when we are able to produce a strong a leader that loves the country not loves the party only the party comes from and tries to provide a level playing ground because what is even about ethnicity is that somebody from somewhere because he is president everything must go to the side that is what causes the problem we need a leader that must provide a level playing ground make sure that they stare to all ok well unfortunately the time is not on our side I want to say thank you to Dr Kim Baba Ahmed he is of the Northern Elders Forum and of course we have been speaking also with Chief Thomsen Okurati he is of the Bayelsa Elders Forum thank you so much gentlemen it's been a pleasure well thank you all for staying with us we'll take a short break when we return we'll be talking with Professor Patutomi as he talks to us about the third force and the merger table party stay with us


We welcome you to Behind ME Lions, presented by Microsoft Teams. I'm Mike Keith, joined by Amy Wells and our special guest from the athletic covers the Indianapolis Colts, it's Stephen Holder. Stephen, thanks for your time. Thanks for having me, good to be here. Stephen, the Indianapolis Colts are coming off of an overtime victory against the Green Bay Packers. What was it about that game that stood out to you the most about the Colts? Composer, you know, they faced a pretty early onslaught from Aaron Rodgers, you know, which is, there's no shame in that, right? But I think to be down 14 at the half and from what players are telling me, you know, at halftime for there to be really no panic and just an understanding that they were still in the game and knowing exactly what they needed to do. I thought the second half adjustments on defense were impeccable and the offense rejuvenating itself. That was the thing to me that I think can carry over to remaining games. Stephen Phillip Rivers probably played his best game of the season to date in Nashville against the Titans and then he followed it up with another really good performance against the Packers. What has Phillip Rivers found and what has this offense found in the last two weeks? They went through a period where they didn't know what they were and what they wanted to be in my estimation. And I think now what you're seeing is they're figuring it out. This is the most efficient he's played really since 2018. He's in a groove right now. I think he's really playing within himself because at 38, that's different than it is at 28. And so I think that's where Phillip Rivers has done the best job just learning to play within himself and knowing when to say when. The Colts defense has had a really strong season. They've been playing well all year. What do you attribute that to? Really, it's time on task. So this is the third year in this defensive system. It was a big departure from their former system. They didn't have all the appropriate pieces to play it. You have the draft players, clearly. So they've been doing that now for three years. They have a very experienced young group. They have speed. And so you're seeing them play really fast on defense. It's because they're very comfortable in this scheme. On November 12th, the Indianapolis Colts came to Nashville. And it was a situation where they were an underdog. They were coming off a loss. And you said, this is their season right here. Well, now coming into this second meeting 17 days later, they're going to be favorites in this ballgame. They've won two very big games. How do you expect them to play differently, if at all, in the favorites role against the Titans? I don't think they'll play very differently. I think the one thing we know about the Colts is they will continue to be aggressive.  It was the fourth down tries by Frank Reich. I mean, some of them may be a little crazy. I don't know, but that's in the eye of the beholder. But you're going to see a team that's going to play to win. Stephen Holder with the athletic covering the Colts. Thank you for taking us behind enemy lines, presented by Microsoft Teams.


Hello there everyone and welcome. This is Melissa Armo with Stock Swoosh and I'm reviewing the Stock Swoosh show live trading room tracking For 2019. This is from January through July 18th, so this is advanced trader risk, which I'll go over here year-to-date results 300,000 521 so it's been a good year And again, it's earning season So we're gonna have a lot of things to be looking at that. I'm expecting to have some big big moves CSX was yesterday's and for example that felt $2 even more than I anticipated So the nice thing about earning season which is all of July and all of August and into the beginning of September is that you get Big moves and stocks and that makes for good playthrough if you're an active trader if you'd like more information You can email me at Melissa at the stocks wish comm or call me at 9 to 9 30 200 gap Follow me on Twitter Facebook YouTube or Skype. So earning season is a good time to train Because you have a lot of movement and again, I'm looking for volatility movement momentum Volume all of the things that enable you as an individual trader to make money without having a couple hundred grand Because if you take a thousand shares of a stock and it drops a dollar and you're short it What can you make a thousand dollars? And that's only with a thousand shares You don't have to take thousands and thousands and thousands of shares of something to make money Okay, so it's important to understand how to assess risk and really what I'm doing is I'm looking for the top pick That's what I teach in my class. That's what the golden gap is. It's the rating system I teach a rating system a 26-point rating system. That's how I chose all of these stocks symbols here that I'm going to go over I rate the gap. Okay, and that's how I know and then I take it once it's set it's up into the open So these are all day trades. These are equity day trades and options trades It's a separate newsletter for those of you that are wondering. Okay Anyways, let's go over beginning of the year Started the year took some vacation Spy was a loser spy was a winner two trains close here.   We're done every day in the trading room usually early Some of those trades were afternoon trades that I might send out in an email But 98% of those trades are trades that we're done and out of early in the morning in the first hour of the day So I teach my method in a class once a month. It's called the Golden Gap course class for July is July 27th 28 9 a.m. To 5 p.m. Eastern time class of the class is 59 99 us dollars classes online You give me anywhere in the world and take it Okay, if you're interested email me if you want to sign up if you want to do the combo Golden Gap and the trend 6499 classes online. Don't miss this you can save you save 500 dollars by signing up together And this is a great class for long-term trends options trade swing trades and even to help with your day trading Don't miss out in this class. It's been a great year really great year And if you have questions or want to try out of the room email me at Melissa at the stocks wish calm


We're just going on guys welcome back to the channel critical over here shouldn't talk about Halloween ends in this video here today And we'll be talking about some details two details Anyway, that I found to be most important coming from this novelization of Halloween ends that's out there that could have benefited from actually being conveyed on screen especially this one detail about Laurie strode and her Missing context as to why she sold happy-go-lucky in this new movie So just to preface by saying that we know that in Halloween kills which takes place moments after Halloween 2018 in the same night Laurie basically by the end of that movie is Determined to go get Michael Myers whether you watch the theatrical cut whether you watch the extended cut the extended cut makes a little bit more Obvious with the fact that how the extended cut ends is she gets that phone call Michael's killed Karen in the upstairs bedroom and She hears Michael's breathing after receiving a phone call from what she believes is Karen But it's just Michael breathing on the other side of the phone So she says I'm coming for you Michael or something like that She drops the phone has a knife in hand and she goes to leave the hospital Ready to go kill this man because he's now killed her daughter and also to of course to get revenge for everything else That he's caused over the past 40 years and what he's continuing to cause on this very night Then in Halloween ends We just jump right into a brand new story four years later. She's happy. Go lucky. There's no context as to why she ended up like this other than of course We know that over time she allowed herself to kind of just forgive Michael She even makes mention of that. I tried to forgive you what's missing though Is something I feel I could have helped some of the valid criticism that are out there in this novelization Where it says that Laurie didn't change overnight. This is me reading something from a dread central article It says Laurie's decision to carve pumpkins and change her whole outlook on life may feel a bit far-fetched in the movie But in the book we learned that at first she was dead set on finding Michael after he killed her daughter and half of Haddonfield in 2018 she let a manhunt and later kept on patrolling the streets alone Eventually she resorted to self-harm realized she needed professional help and went to therapy now see stuff like that That's why I think a valid argument comes in that Halloween ends Probably yes should have picked up at least at the beginning for maybe 10 minutes or so at the Conclusion of halloween kills so you can see some context like that And then you can jump four years later and explain that she's also tried to commit suicide And she's gone to therapy. They do explain that but I feel like the lack of Seeing any follow-up from how halloween kills ends and how it just starts abruptly from a to a completely different thing in halloween ends That missing context makes her arc somewhat weaker, and I have a guess a lot more unconvincing to some viewers It's again a nice thing to see that she's liberating herself But knowing that she actually was still determined to kill Michael and she didn't just forget about it overnight Seeing that conveyed on screen would have been more Convincing in the way she's portrayed going forward in the movie. That's just my stance on that So I think that this novelization actually adds some cool context that will allow me to watch Halloween ends in a More appropriate lens because I do like the movie I just think it's got some strong weaknesses that hold it back from being good or something great now Just to jump into this other thing related to a chase scene that was we were robbed of I'll say we were robbed of this Howling ends was going to apparently or it could have featured a epic chase scene that was going to rival Michelle Gellar's chase sequence and I know what you did last summer This would have been a double murder of Kim and her boyfriend right now Kim is the cheerleader From Halloween 2018 who wore I think she had like a tire costume and she tried to not try She literally makes out with Cameron and this is no what sparks them to have that argument Cameron and Allison throwing her phone and Whatever that dip was at the party So it would have been him chasing this girl Kim who kissed Cameron She and it says here in the dread central article Here she doesn't just get her Her her compass, but she also receives what could have easily been the best chase scene of the whole David Gordon Green trilogy Using her cheerleading skills and strength Kim would run from Michael through various locations a Defunt meat packing plant a force and eventually the sewer tunnel now It says that this sequence takes up to ten pages So obviously if it's taken up to ten pages That's where anyone would have a mindset that this could rival what you've seen from Sarah Michelle Geller who runs into different locations in the I know what you did last summer chase sequence now the ways some of this is Described and the locations that she would have been running through this could have been a very tense suspenseful just overall engaging Sequence to watch unfold as Michael is stalking this individual For so long now what might not make it as interesting as Helen's was is that Kim we know as going off of the movie She doesn't have a big role in how it ends Helen had a big role and I know what you did last summer So with Kim being a random character that gets that long like chase sequence That probably would then not make it as memorable as Helen's since Helen was a character that people were rooting for They were behind her character people still to this day think Helen should have lived and Julie should have died I think that's where Helen's chase sequence would have still been more memorable However, if you take what they're saying could have happened to Kim and maybe let's say apply that to Allison and Corey or Allison and Cameron if Cameron was still alive place Cameron in that scenario where he dies in Halloween ends instead of Halloween kills Allison goes on this ten page chase sequence through those three different locations all the way till she Gets chased into this tunnel from Michael Myers that we know he spends the majority of his time at in the movie That would have made this a thousand times more memorable I mean we already get a glimpse of Andy Matta check Doing some chase scene potential in the 2018 movie when she's running around asking for help So it's a little Unfortunate that we never saw something kind of top that in any of the future movies that came afterwards because this sequence sounds like it could have been a very Very just fun moment and memorable moment in the franchise If it was used on the right character too I think the character of Kim given that she only appeared once in the series so far in Halloween 2018 And we haven't seen her since placing her in this sequence It would still make the moment fun and Suspenseful and it would help build tension but not as memorable And I don't feel it'll be as impactful if you applied it to a character that viewers were invested in and I think that Would be the difference there when you're comparing it to Helen's chase sequence and whatever they had written here for Kim Helen was already integral to the story Helen was already someone people were invested in Kim is just a nobody So taking whatever could have been Kim's and applying it to someone like Allison would have just made this ten times better But yes, we were robbed of what could have been an iconic chase sequence that many people who would have talked about for many years to Come they might not have talked about Kim It just would have been all the circumstances that she would have been dealing with in that chase sequence because it sounds like a lot of fun But that's really all I wanted to talk about with Halloween ends in this video us being robbed of some context with Laurie and her arc in the Movie also being robbed of what could have been an iconic chase sequence if you haven't already of course go ahead and Subscribe turn on post notifications so that you never miss a video in the description. I'll have links on social media accounts I'm on Facebook Twitter and Instagram. You can message me there Of course limiters any movies news reviews let me cover in the future Let me know what you think about all this down the comment section below and with all that in mind guys I will see you in the next video