LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I reg­is­tered a will in 2012 be­queath­ing my en­tire prop­erty and as­sets in favour of my son and daugh­ter. Now, I want to also be­queath cer­tain prop­er­ties in favour of my niece. How can I do so?

— San­tosh Menon There are two ways to do the same; firstly, you may amend your ex­ist­ing will by ex­e­cut­ing a Cod­i­cil to the will and register the same. Se­condly, you may re­voke your ear­lier will and ex­e­cute and register a new will for dis­tri­bu­tion of your prop­er­ties to your son, daugh­ter and niece. I am plan­ning to pur­chase a prop­erty from a gen­tle­man in Delhi. He has asked me to make pay­ment in the name of his wife in­stead of him. Is this per­mis­si­ble?

—Mi­raj Shah Yes, you can make pay­ment in favour of a nom­i­nee of the seller. The de­tails of pay­ments and the fact that the pay­ment is be­ing made to the nom­i­nee of the seller should be in­cor­po­rated in the sale deed for clar­ity. I have a prop­erty in Delhi which I have de­cided to sell to a per­son who re­sides in Ben­galuru and en­tered into an agree­ment to sell for the same. The con­sid­er­a­tion was agreed to be paid in in­stall­ments. He paid the first in­stall­ment and now has de­faulted in pay­ment of the re­main­ing con­sid­er­a­tion and de­spite re­peated re­minders, is not pay­ing. What rem­edy do I have?

—Ramesh Muni You can can­cel the agree­ment to sell en­tered into be­tween the buyer and you, by giv­ing him a no­tice of ter­mi­na­tion. If there is a pro­vi­sion for for­fei­ture of earnest amount in the agree­ment to sell you may for­feit the ad­vance/earnest money as per the terms of the said agree­ment to sell. I am a mem­ber re­sid­ing in a co­op­er­a­tive group hous­ing so­ci­ety in Delhi. The man­ag­ing com­mit­tee of the so­ci­ety has levied cer­tain charges which are not jus­ti­fi­able. I have asked the man­ag­ing com­mit­tee to call for a spe­cial gen­eral body meet­ing but they are not lis­ten­ing to me. What is the pro­ce­dure for call­ing a spe­cial gen­eral body meet­ing by a mem­ber re­sid­ing in a co­op­er­a­tive hous­ing so­ci­ety in Delhi?

—Santanu Singh As per the Delhi Co­op­er­a­tive So­ci­eties Act, 2003, in or­der to con­vene a spe­cial gen­eral body meet­ing a req­ui­si­tion in writ­ing may be made to the man­age­ment com­mit­tee of the co­op­er­a­tive hous­ing so­ci­ety, by one-fifth mem­bers out of the to­tal mem­bers in a co­op­er­a­tive hous­ing so­ci­ety. The man­age­ment com­mit­tee is re­quired to call the meet­ing within 30 days from the re­ceipt of req­ui­si­tion in writ­ing.

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