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Q: I want to will my movable and immovable property to my son. Being a student, he has no income now. But once he starts earning, I would like him to donate the assets to some reputed association that looks after the poor. How can I ensure this will be done even if I am no more?
Sonali Chatterjee, Calcutta
A: Though conditional bequests are legally valid, their implementation or proper execution is difficult. If your son is your sole legal heir, he will in any case inherit your property. He can suppress your will if he is the executor or if the appointed executor does not take any initiative to obtain its probate. Hence it is important that the executor you choose is reliable, willing and capable of carrying out the directions in your will in their true spirit.
Q:Recently, I bought a flat along with a car park. The parking spaces were earmarked after the completion of registration, mutation and so on. The space allotted to me, between two pillars, is such that even a small car cannot be manoeuvred in. What legal steps can I take against the promoters?
K.K. Roy, Calcutta
A: You could write to the promoters immediately, bringing the problem to their notice and asking them to provide you with an alternate car park or compensate you accordingly. If there is no positive response from their end, you could file a case against them before the consumer forum or the civil court and seek compensation for the mental agony suffered by you due to their deficiency in services.
Q:My father had built a house on a piece of land under a co-operative housing society with a lease deed. He nominated my mother and me to it. After our father passed away our mother nominated me under Section 79 of the West Bengal Co-operative Society Act, 1983. I have one brother. Can he get a share of this property now or after our mother’s demise?
Partha Dey, Howrah, West Bengal
A: Since your father had nominated both you and your mother, you could apply for joint membership in the society. In that case both of you would become the owners of the land and could further nominate a person of your choice. Even if the membership is solely in your mother’s name, you being the nominee would be entitled to claim the property after your mother’s demise. Your brother would not be entitled to a share.
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