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Gift deed without cancelling old Will


04-Oct-2024 (In Property Law)
Hi All My father mad a will 3yrs back dividing single house between me and my brother half half. Now he as gifted the entire house to me, My brother is ready to give me NOC. Is it mandatory to cancel the old Will, What other process is required. plz suggest.
Answers (2)

Answer #1
671 votes
No it is not required for any person to cancel a will that he or she had written expressly in respect of a property before otherwise disposing of the same property, even if that said will was registered.
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Answer #2
537 votes
To avoid any future complications, it is important to cancel the will. This can be done by executing a formal revocation in the jurisdictional sub-registrar office. Cancelling the will ensures that there is no confusion or disputes over the distribution of assets after the person's demise. By following the legal process and cancelling the will, the testator can ensure their latest wishes are reflected without any contradictions from previous documents. It is a crucial step to ensure clarity and prevent potential legal challenges or misunderstandings among the beneficiaries or heirs in the future.
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