Jayshree Navin Chandra

I entered into a three-year rent agreement with my landlord in the month of April this year. The agreement was duly registered and prescribed a lock-in period of 12 months for both parties. However, after just six months, the landlord has asked me to vacate the premises, despite there being no breach on my part. Can the landlord terminate the agreement prematurely?

Generally, a landlord cannot disregard a contractually binding lock-in period and terminate the agreement prematurely at will. If the agreement provides that neither party may terminate the tenancy during the initial 12 months, the landlord would ordinarily be bound by that commitment, subject to any express exceptions or termination rights specified in the agreement. However, the legal consequences of an attempted premature termination will depend on the precise contractual terms and the applicable tenancy laws. If the landlord seeks to evict you in breach of the agreement, you may pursue appropriate legal remedies, including an injunction where warranted, subject to and as per the applicable law.

My father executed a Power of Attorney in favour of my brother to manage and sell his properties. My father has now become mentally incapacitated. Can I revoke the Power of Attorney to prevent my brother from selling the property?

Under Indian law, a Power of Attorney ordinarily operates as an agency and generally terminates if the principal becomes of unsound mind, subject to statutory exceptions, including an agency coupled with an interest under Section 202 of the Indian Contract Act, 1872. However, you cannot automatically revoke your father’s Power of Attorney merely because you are one of his legal heirs. If your father is no longer capable of protecting his interests and there is a genuine apprehension of an unauthorised or prejudicial transaction, then you may seek appropriate legal proceedings to safeguard his property, including seeking an injunction against your brother.

I am a 28-year-old female. Before, I was born, my father adopted a son. My mother predeceased my father and my father died last month. We are a hindu family and my father did not leave behind any WILL. After my father’s death, the adopted son who was living separately from us, has claimed an equal share in the residential house that was purchased by my father. Is he entitled to inherit the same manner as myself being my father’s only biological child?

Yes. Under the Hindu Law, a legally valid adoption generally places an adopted son on the same footing as a biological son for purposes of inheritance. The fact that the adopted son was living separately from the family does not, by itself, disentitle him from inheriting the property.

Where a Hindu male dies intestate, succession to his property is generally governed by the Hindu Succession Act, 1956. The adopted son and you being the only biological daughter would inherit an equal share as the only Class I heirs left behind by your deceased father.

I live in Chicago, USA and wish to sell my flat which is situated in Delhi. I have executed a Special Power of Attorney in favour of my brother to sell my flat. Can he complete the sale without my travelling to India?

Yes. You may authorise your brother to execute and register the Sale Deed on your behalf, provided the Special Power of Attorney grants him the necessary powers and satisfies the applicable authentication, stamping and registration requirements.

Since the power of attorney is to be executed in the USA for use in India, it must comply with the relevant authentication formalities in USA and stamping requirements after it is received in India. It is important to note that a power of attorney does not, by itself, transfer ownership of the flat. The sale must be completed through a duly executed and registered Sale Deed, as required by law. Subject to compliance with these requirements, your brother can complete the transaction without your physical presence in India acting under a valid power of attorney.

Can a Will be changed or cancelled after it has been executed?

Yes. A Will is generally revocable during the lifetime of the testator, provided the testator has the requisite testamentary capacity. A Will may be modified by executing a Codicil, which supplements or amends an existing Will, or revoked by executing a subsequent Will or through another legally recognised method of revocation. Where a new Will is executed, it is advisable to expressly state that all previous Wills and Codicils stand revoked, so as to minimise the possibility of ambiguity or disputes.

The author is Senior Partner at Zeus Law, a corporate commercial law firm with real estate transactionional and litigation work as one of its areas of specialization.