LAW BOOK

HT Estates - - NEWS - Su­nil Tyagi

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.

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