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How to cancel a registered will in india ?
14-Jun-2024 (In Property Law)
Yes. A registered will can be revoked by the testator only by the modes prescribed in law: a subsequent will or codicil, a written declaration executed in the manner required for an unprivileged will, or burning/tearing/destruction with intent (Indian Succession Act, 1925, s.70) [https://sooperkanoon.com/act/134217/succession-act-1925-complete-act]. Execution and attestation formalities are in s.63. [https://indiankanoon.org/doc/1673132/]. If a third party seeks cancellation of an outstanding registered will they must file a suit under Section 31 of the Specific Relief Act, 1963 for adjudication and cancellation by the court [https://sooperkanoon.com/act/30826/specific-relief-act-1963-section-31]. Registration authorities generally cannot unilaterally cancel a registered instrument; cancellation of registration is a matter for the civil court except narrow statutory power in cases of impersonation (Registration Act, 1908, s.83A) [https://indiankanoon.org/doc/107551345/]. See authoritative decisions: Supreme Court in Badrilal v. Suresh & Ors (2021) holding revocation is only by modes under s.70 and not by a mere agreement [https://www.courtkutchehry.com/Judgement/Search/t/2367181-badrilal-vs-suresh-ors], and Veena Singh v. District Registrar (2022) on the limited power of registration authorities to cancel registered documents. [https://indiankanoon.org/doc/36451884/].
To cancel a sale deed in India, mutual consent between the buyer and seller is required. A cancellation deed must be drafted and registered at the sub-registrar's office where the original sale deed was executed. If there's no mutual agreement, the aggrieved party must file a civil suit in court seeking cancellation of the sale deed on valid legal grounds like fraud, misrepresentation, or undue influence.
To cancel a registered will, the testator (the person who made the will) can:
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Execute a revocation deed, or
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Draft a new will that explicitly revokes the earlier one.
The new will or revocation deed can also be registered at the same sub-registrar's office, though registration is not mandatory for wills in India. Physically destroying the old will is also considered a valid method of revocation, provided it's done intentionally by the testator.
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