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Forged cancellation of will against the registered will
17-Oct-2023 (In Property Law)
My aunty made a registered will on her self acquired property. She passed away in jan 2023. My uncle is trying to claim the property stating that my will is cancelled. They created a duplicate. documents on property and saying that my will is not valid anymore. I have all the original sale deed. Now my uncle is legal heir and have forgery documents. How should i proceed in the court?
first think, you have to give a protest to the consent SRO, then you have to get EC for your property to prove no encumbrance listed your property. if any encumbrance listed you have make petition under section 77A registration act to cancel the same. the file a declaration suit to prove you will.
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Adv. S Manikandan
Chennai | 25+ Answers
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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.
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.
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.
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
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