A notarized rent agreement executed between two parties. Later on it revealed that two claues have conflict with each other. Plz let me know which one will prevel, or how it be resloved.
you need to share the copy of the agreement, highlighting two confliciting clauses and share the details of the disputes between the parties. then only it would be possible to give proper opinion. My email id is: onlyrohit2003@yahoo.co.in
Regards,
Advocate Rohit Dalmia
9324538481
Mumbai
Bith the clauses would not stand. However, language of clauses matters much, which depends upon interpretation. from individual to individual. So, it would be better if you reproduce the extract of both the clauses here.
The general principle is that in case of conflict between the two clauses, the caluse which is favorable to the party who has NOT DRAFTED the contract is enforced. However, its not applicable in each and every case. It would be better if you clearly provide details of the contract with terms and conditions.
The correct position is as folows
In case of contracts of any form the former claus will prevail
but in case of Wills the later cause will prevail.
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