What is the process of cancelling the registered will

579 votes

A cancellation deed will be signed and registered before the same registrar office where the will was registered. The cancellation deed needs to be contained complete details of the registered will. The executant personal presence is mandatory for registering cancellation deed.

Advocate Vijay Kumar Teotia LawRato

832 votes

If you already made a will and want to cancel that will then you will have to go sub registrar office and make new will and mentioned about cancellation of previous will. To more information you have show previous will then I will suggest you better

Advocate Shubham Mishra LawRato

808 votes

Dear client.

The testator can cancel his will at any time during his life time registered or non registered . It does not require stamp duty. If you want to cancel then make another will the fist one is automatic cancel.

Advocate Sanju Lata LawRato

452 votes

Cancelling a registered will is a legal process that requires specific grounds and procedures. Here is an overview of the process of cancelling a registered will:

1. Grounds for Cancellation:
   • Fraud, Coercion, or Undue Influence: A registered will can be cancelled if it is proven that the testator (the person making the will) was subjected to fraud, coercion, or undue influence while creating the will.
   • Mental Incapacity: If it can be established that the testator lacked mental capacity at the time of making the will and did not understand the consequences of their actions, the will can be cancelled.
   • Forgery: If the will is forged, meaning it was not signed or executed by the testator, it can be cancelled.
   • Revocation: A will can also be cancelled if the testator creates a subsequent will that revokes the previous one explicitly.
2. Initiating the Process: To cancel a registered will, a legal heir or interested party must file a suit for cancellation in a civil court. The court will require evidence to support the grounds for cancellation.
3. Court Proceedings:
   • The court will review the evidence presented and hear arguments from both sides.
   • Witnesses and documents may be examined to establish the grounds for cancellation.
   • If the court is convinced that the grounds for cancellation are valid, it may order the cancellation of the registered will.
4. Cancellation of the Registered Will:
   • Once the court orders the cancellation of the registered will, the concerned authorities, such as the sub-registrar's office, will be informed.
   • The cancelled will is then removed from the official records, and any copies are invalidated.
5. Distribution of Assets:
   • After the will is cancelled, the deceased's assets will be distributed according to the laws of intestate succession if there is no valid will in place.

It's crucial to consult with a qualified legal professional who specializes in wills and property matters to navigate the legal process correctly. The process can be complex and may involve litigation, so legal guidance is essential.

Advocate Chikirsha Mohanty LawRato

123 votes

It is possible, 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. It may be different in some circumstances. Read the full explanation below.

Advocate Chikirsha Mohanty LawRato