Expert explains

CHENNAI: I am a Hindu. I have an immovable property in Secunderabad, Telangana. Upon my death I hope my legal heirs need not obtain probate of will as the property is outside West Bengal, Mumbai and Chennai. Incidentally, I have executed a will. Kindly clarify. — RK Viswanathan Since you are a Hindu and you want your immovable property to go to your legal heirs, you need not leave any will in order to have the property succeeded to them. By virtue of the Hindu Succession Act, it will automatically go to your legal heirs. Hence the question of probating the will not arise. You can revoke your will.

A case had been filed against my father under the NDPS Act in 1994. He had availed bail in the same year. The charge sheet was filed in 1995 and charges were framed in 1996. The trial was completed in 2017 and he was convicted for 10 years. Amendments to the NDPS Act were made in 2001, 2013 and 2014.

Will these amendments be applicable to the offence committed in 1994? Are judgements rendered by various High Courts, and the Supreme Court retrospective or prospective in nature?— Anonymous Criminal law amendments are always prospective. High Court judgments are always declaratory and has the effect on the provision of law on the date on which they were enacted. Only Supreme Court has the power to declare any law prospectively.

I had filed a writ petition in High Court (Madras) connected with fraudulent land allotment against the errant board of directors of my mother’s office house building society three years back. Though you did advise to file for arbitration with the registrar under Section 90 Act and not approach the court, our lawyer misguided us to file a writ petition and we had to bear a lot of expenses apart from losing a lot of time.

After a year, the High Court order instructed deputy registrar Co-Op Societies (Housing) to hear our grievance and take speedy action. We filed for arbitration with deputy registrar (Housing) under Section 90 of Tamilnadu Cooperative Societies Act. Now, 18 months have lapsed since arbitration began. Three deputy registrars have presided over the arbitration. We have provided all proofs regarding anomalies, gross violations, frauds committed by board of directors of this society.

Every time there is a change in DR, we have to start afresh and are made to give more proofs. These board of directors are also playing with my mother’s health and responding in a very discourteous and aggressive manner. The deputy registrar is showing a very callous, lacklustre and apathetic attitude towards my mother. How can we expect justice in this scenario? For the last eight months,there have been no hearing summons. I even sent a reminder letter to deputy registrar office four months back and also called them three months back to remind them. But in vain. What can we do now? Isn’t this contempt of court?

— Hari
When a law provides a remedy by way of arbitration (Section 90) and later an appeal to the Co-Operative Tribunal (Chief Judge, Court of Small Causes) (Section 152) there is no other way of wriggling out of those remedies. You must know even in the High Court writ petitions against the Special Tribunal orders are pending for the last 20 years. Therefore, nobody can help you because the justice is delayed, which is a inherent defect in the present system of judicial administration.