The following article was first published in the Mint newspaper on 8th November, 2022. The same was written by our Private Client team at Cyril Amarchand Mangaldas, who frequently publish their comments and opinions in the Mint. The online version of the article can be found here.
I had prepared a will in 2019 and got it registered. Now, I need to make some changes to it and include some additional items. Can I get the original will deed modified and get it registered again?
—Name withheld on request
In order to amend your registered will to include the new additions/changes to your estate, you can either execute a fresh will, which will override the earlier will of 2019; or alternatively, execute a codicil (i.e. an amendment) to your existing will of 2019 so that such will can be read together with the codicil. We would recommend a fresh updated will.
Furthermore, although there is no legal requirement to register a will or a codicil, for the sake of consistency in approach and to avoid any potential challenges, you may voluntarily register such new will or codicil, since you have already registered the earlier will.
I had recently agreed to buy a plot of land and had even paid an advance to its owner. Apparently, this plot is registered with a cooperative society. Later, I realized that the sale deed has a clause making it mandatory to obtain a no objection certificate from the cooperative society, which has now become defunct. Should I purchase the property?
Your query infers that you are keen to purchase a plot of land and the sale deed i.e. the title document of the existing owner of the land contains a covenant running with the land which provides that the consent of the co-operative society is required to be obtained for any disposal/ sale of the land.
The rights of the co-operative society on the land in question are unclear. We recommend that you undertake title diligence of the land in question (including the issuance of a public notice, sub-registrar search, etc.) through your attorney to ascertain the nature of the rights of the co-operative society.
Title diligence is an activity to verify the ownership of title over the property, such that the risks associated with it comes down.
Once the rights of the co-operative society are ascertained, and the title clearance certificate is obtained, the requirement of the consent of such co-operative society and the next steps can be discussed with your lawyer.