LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

My fa­ther ex­e­cuted a will which was duly reg­is­tered in 2010. There­after, he ex­e­cuted an­other will in 2015. How­ever, be­fore he could get it reg­is­tered, he passed away. Which one will be deemed as his fi­nal will?

Akash Bansal It is not manda­tory for a will to be reg­is­tered for it to be a valid doc­u­ment as per the In­dian Reg­is­tra­tion Act. Hence, the last will, if ex­e­cuted in a man­ner spec­i­fied in law, by your fa­ther, will be con­sid­ered to be his fi­nal will. The prop­er­ties shall de­volve ba­sis this will. I am a mem­ber of the man­ag­ing com­mit­tee of a co­op­er­a­tive hous­ing so­ci­ety lo­cated in Delhi. There has been a trans­fer of membership; does the man­ag­ing com­mit­tee of the so­ci­ety have to is­sue a new cer­tifi­cate or hand over the old cer­tifi­cate to the new mem­ber?

An­shul Ras­togi Ac­cord­ing to the Delhi Co-op­er­a­tive So­ci­eties Rules, 2007, as ap­pli­ca­ble to co­op­er­a­tive hous­ing so­ci­eties, the co­op­er­a­tive hous­ing so­ci­ety shall is­sue fresh share cer­tifi­cate with new se­rial num­ber to the trans­feree af­ter can­celling the ear­lier share cer­tifi­cate. I have bought a house and a patch of ad­ja­cent land from a per­son who gave me the im­pres­sion that he owned both the house and the land. Later I came to know that the trans­feror be­came the owner of the ad­join- ing land only af­ter he had ex­e­cuted an agree­ment to sell in my favour. What rights do I have?

Rishabh Mann Now, when the seller has ac­tu­ally ac­quired the own­er­ship of the ad­join­ing piece of land you may con­tinue with the con­tract and cause ex­e­cu­tion of sale deed in your favour.

Al­ter­nately, you may re­scind the agree­ment to sell for the land ad­join­ing the house. I have ex­e­cuted a lease deed for five years. As the term has ex­pired, I re­quested the lessor to re­new the lease for an­other five years but to no avail. How should I pro­ceed?

Sahadevan It is not clear whether the orig­i­nal lease deed con­tains a clause pro­vid­ing you the sole op­tion for re­newal of lease. In case it does, you may seek re­dres­sal by fil­ing a suit for spe­cific per­for­mance of the re­newal clause, pro­vided you have not breached or vi­o­lated any ma­te­rial terms and con­di­tions of the orig­i­nal lease deed.

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