FORUM
Registration of Will not mandatory
My father made a Will seven years ago in my favour and it was registered but later he executed another Will. He passed away two months ago. But the second Will was unregistered. What is the fate of my right?
A.K. Singh
Our panellist, R.L. Narayanan replies: If the latter Will is otherwise valid in law, it will prevail over the earlier one. Registration of Will is not mandatory and a valid latter Will by itself would amount to revocation of the earlier one. 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.
Legal protection
We had rented out our premises in October 2008 and signed a rental agreement for 11 months with two months’ vacation notice for either side. We had rented out the premises for a family of three (man, wife and son staying together). The man died and now only the elderly woman lives in the house and she is not disclosing the whereabouts of her son.
When the rental agreement came to an end in September 2009, we did not wish to renew it and gave her two months’ notice to vacate.
When we asked the woman to leave, she asked us to vacate her by force or take legal action.
Her son has not been seen for the past five months. We do not have any information about her relatives; all we have is her daughter’s mobile number to call for any emergency.
She is mentally upset and is creating nuisance in the neighbourhood. What is the protection available for us?
Annapoorani
Mr. Narayanan replies: If the age of the building in which the tenant is residing is five years or more and if the tenant is paying the rent 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 seek professional advice.
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