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Can registered will deed cancel if he/she wants to cancel in his life


17-Mar-2023 (In Property Law)
Can registered will deed cancel, if he wants to cancel in his life before dead..My husband giving me a property on my name but he is registering will deed on my name, if he want to cancel this deed in future, is this possible.
Answers (2)

Answer #1
656 votes
Yes, but with in three years from the Execution of registration of the will deed. However, it may vary in certain circumstances, read full explanation as below:

Under Indian law, a testator has the right to revoke or cancel a registered will deed at any time during their lifetime. The procedure for revoking or canceling a registered will deed is governed by Section 70 of the Indian Registration Act, 1908.

According to Section 70, the testator must execute a revocation deed in the same manner as the original will deed. The revocation deed must be registered with the Sub-Registrar of Assurances in whose jurisdiction the original will was registered. Once the revocation deed is registered, the original will is deemed to be cancelled.

The limitation period for challenging the cancellation of a registered will deed is governed by the Indian Limitation Act, 1963. According to the Act, any interested party can challenge the cancellation of a registered will within three years from the date of cancellation. After the expiration of this period, the cancellation of the will cannot be challenged.

It is important to note that the limitation period for challenging the cancellation of a registered will deed may vary depending on the specific circumstances of the case, and it is always advisable to seek legal advice in such matters. Additionally, it is important to ensure that the revocation deed is executed and registered properly to avoid any legal challenges in the future.
People also ask

What are the grounds for cancellation of will?

A.N. Narayanan Chettiar1 ruled that a will could be challenged for undue influence. This includes influence exercised by coercion, fraud or coercion. Undue influence would not include simple persuasion or importunity that does not overbear the testators will. 27-Dec-2022

Can someone cancel will?

It is possible to cancel a will during the testators lifetime, whether it be registered or not. Stamp duty is not required. You can cancel the first will by making a new one.

What is the procedure to cancel a will?

You can cancel a Will by destroying the document. It is advisable to destroy all photocopies as a precaution. You can also execute a new Will, which will supersede any previous Will. You can also execute a Codicil to revoke or amend the previous Will.

Can a registered will be Cancelled after death?

A will can be challenged even though the creator has died. It is important to note that a testament deals with inheritance details for all types of property, both movables and immovables. A will can be contested up to 12 year after the death of the creator.

  
Answer #2
171 votes
Section 70 of Indian Registration Act (1908) governs the procedure for revoking a will deed registered. Section 70 states that the testator is required to execute the revocation deed the same way as the original deed.
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