The Telegraph
Wednesday , December 19 , 2012
Since 1st March, 1999
CIMA Gallary


Q: My parents want to will their movable and immovable properties in my favour, signing jointly. Will that be legally acceptable?

Anasuya Basu, via email

A: A will can be made on plain paper but it must to be signed by the testator whose signature has to be attested by witnesses. However, it is desirable that legal assistance be taken to draft the will. Though joint wills can be made, in your case it would be better if your parents made separate wills.


Q:I bought a flat from a promoter holding an unregistered general power of attorney (POA) from the landowners. Now the owners are reluctant to sign the sale deed. Can the promoter alone execute a registered sale deed? If not, then how can we get the sale deed?

Sankar Saha, Madhyamgram, West Bengal

A: A registered power of attorney is mandatory for the sale of a property. Any constituted attorney holding an unregistered power of attorney cannot legally sell a property on behalf of the executor of the POA. Assuming that an agreement for the sale of the flat had been entered into between you, the owners and the promoter, you could send them a legal notice. Then you can file a suit for specific performance of the agreement and also claim compensation for the losses suffered by you.


Q:When we signed the agreement for the purchase of a flat we had one assigned car park. However, before registration we asked for two and paid the excess amount as well. The sale deed mentions two car parks. Now the building association is refusing to give us the second space on the ground that the map the promoter provided shows just one space. The promoter says he cannot do anything now since the building is run by the association. What legal recourse do we have?

Priyank Parekh, Calcutta

A: Send a legal notice immediately to the promoter for negligence and deficiency in services and claim compensation for the mental agony and irreparable loss suffered by you. You can also send a notice to the association to restrain it from obstructing your access and free ingress and egress to the second car park owned by you. If there is no positive response, file a complaint against the promoter before the consumer grievance redressal forum. Also file a suit for injunction against the association.