FORUM
Is Will’s registration not mandatory?
My father made a will some what 7 years ago against me and it was registered but as the time passed away he executed another will in my favour. He passed away two months earlier. But the latest will he made was unregistered. What is the fate of my right?
A.K.Singh
Our panellist, Mr. R.L.Narayanan replies: If the later Will is otherwise valid in law, the same will prevail over the registered Will. Registration of Will is not mandatory and a valid latter Will by itself would amount to revocation of the earlier Will. It is also possible that your father may have specifically revoked the earlier Will. You can take necessary steps to enforce the terms of the latter Will by obtaining suitable orders from the court concerned.
This is in reference to your article below, which appeared in Sept 18, 2004 . I was searching for anything on bylaws of flat owners association in the google, and came across this article.
I bought a Flat in 2004 in Velachery. Though a member of the flat owner association in the beginning, I left the association when they started to behave against the bylaws like bypassing when common decision is taken, denying my legal rights as a flat owner.
What is the best way to go about thisThe association has gone to the extent of damaging my flat as well.
My handicap is the lack of knowledge of the local language. To add to this, I lost my IT job due to the recession, so that adds to the woes. Please advise on the course of action. Charles.
Mr. R.L.Narayanan replies: If you have any genuine grievance, it is always possible to obtain suitable reliefs from courts. The lack of knowledge of local language is not a factor that would prevent you from obtaining reliefs. Please contact an Advocate.
Legal protection
We had rented the premises in Oct 2008 and signed a rental agreement for 11 months with 2 months vacation notice for either side.
We had rented out the premises for a family of 3 people (husband, wife and son staying together) based on the credentials of the late husband.
Her late husband is a lawyer by professsion and he showed his identity. They came for rent because our house is close to her son’s office.
Currently only the elderly lady lives in the house and she is not disclosing the whereabouts of her son.
Once the rental agreement came to an end in September 2009, we did not wish to renew and gave them two months notice to vacate. I prefer to keep the premises locked and move into the house by April 2010. When we asked her to vacate, she asked us to vacate her by force or take legal action. The reasons we dont wish to renew are 1) She is refusing to divulge the details of whereabouts of her son and his employment details. He is missing in person for past 5 months.
2) We dont have any info about the family and its members and all we have is her daughter’s mobile to call for any emergency. If some untoward incident happens to her and nobody knows about it for days, then even I will be scared to live in that place.
3) She is mentally upset and is creating nuisance in the neighbourhood. What is the protection for landlord? The elderly lady seems to have information on legal protection of tenant.
Annapoorani
Mr. Narayanan replies: If the age of the building in which the tenant is residing is 5 years or more and if the tenant is paying the rents without default, there are very limited grounds on which you can get an order of eviction.
If the mental condition of the person is such that her actions amount to a nuisance to the neighbours, then there is a possibility of getting an order of eviction. Please take professional consultation.
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