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Procedure to change a will if case is pending against that property


18-Aug-2023 (In Wills / Trusts Law)
My mother made a will for my brother however due to some family issues now she wants to transer the will equally between us sister's and brother but when she went to submit the file Clark said there is a case filed against the property by your son and will can not be changed what could be the reason of hold and how can we sort out this problem
Answers (3)

Answer #1
676 votes
A Will can be revoked, changed or altered by the testator at any time when he/she is competent to dispose of his/her property. A person can revoke, change or alter his/her Will by a new Will, revoking the earlier Will, registering the new Will (if the old Will is registered), destroying the old Will or by making a codicil.
Therefore, your mother can change her Will any time she wishes to and there is nothing in Indian law which stops her from doing so. However, with regards to the objections raised by the clerk, I would like to know more details about the objection and which office has raised the same, before I can comment on it.
Answer #2
828 votes
Where is the case file, by whom is the case filed, where is the will registered, who were the witnesses to the will, which clerk told you that youy cannot change the will, please give me further clarification regarding the matter,, you can contact me for further consultation i will help you when i receive complete information from you..
Answer #3
904 votes
A will can be changed as many times as ur mother want because active only after death of its maker. Do one thing, call or meet me for things get done. We will take care of that n its for sure the clerk is misleading u.

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