I entered into an agreement to sell in January 2012 to purchase a plot. As per the agreement, the sale deed was supposed to be executed in my favour in July 2012. However, the owner has been delaying the execution of the sale deed in my favour on flimsy grounds. Is it too late for me to file a suit for specific performance?
— XYZ Under the Limitation Act, 1963, the period of limitation in a suit for specific performance is three years. This three-year period will be calculable depending on whether the parties have specified a date for performance of the contract in their agreements. As the agreement to sell in this case had fixed a date in July 2012 for execution of the sale deed in your favour, the period of limitation of three years will also commence from July 2012. Thus, you may file a suit for specific performance against the seller as currently you are well within the limitation period. The owner of a property I am planning to buy had inherited this property under his mother’s will. He has also shown me the unregistered will dated August 19, 2005, which he insists is the last will of his mother. However, after verifying the property documents, I discovered the mother had also made a will dated October 10, 2002. This earlier will is a registered document under which the mother bequeathed this property to the owner’s brother instead. Which will should I rely on?
—AB As registration of a will is not mandatory under the Registration Act, 1908, the mere fact of registration or non-registration does not render a will valid or invalid by itself. Hence, a previously executed registered will may be validly revoked by an unregistered will at a later date, provided that the will was executed in accordance with provisions of the Indian Succession Act. In case the last will dated August 19, 2005, is not acceptable to all legal heirs or if it is contested by some legal heirs, then obtaining probate of the will will be safer. Alternatively, you may also take no-objection or consent letters from all legal heirs of the owner’s mother before purchasing the property. My neighbour has blocked a significant portion of our common corridor in the building, claiming it is for security reasons. Is he allowed to do so?
—EFG It is not permissible for any occupant to unlawfully reserve for his/her personal use any portion of an area demarcated as common area and facilities. Generally, corridors are part of common areas and hence meant for common use and enjoyment by all occupants.