Registered wasiyat can be cancelled or not by justice
SACHI JAISWAL
(Querist) 12 December 2018
This query is : Resolved
Dear Sir /Madam
My Question is registered wasiyat can be cancelled by court it is possible or not if legal owner any other person and registered person illlegal owner.
Adv Shailendra Deshpande
(Expert) 13 December 2018
Every person above 18 years and having sound mind has right to dispose off his "self earned" property as per his/her wish. Hence if Will is registered, then unless the contents are against "public policy or any law in force for time being", it can't be cancelled. Strong evidences will be required to cancel the registered will.
Vijay Raj Mahajan
(Expert) 13 December 2018
Registration of Will is not compulsory under the Registration Act, however if the document like Will is registered, validity of the registration can be adjudicated by the Civil Court on the basis of ground that makes the registration invalid.
If there's no evidence to prove the registration of the Will invalid no order will be made by the court.
Dr J C Vashista
(Expert) 14 December 2018
Whether the testator of will is alive? If so, s/he can cancel it any time during his/ her lifetime, even if it is registered.
The Court can cancel the will in probation, when it is proved that the subject will was executed when the testator was either unsound mind, under threat, coercion, allurement or any other such allegation.
Kumar Doab
(Expert) 18 December 2018
Your query as posted is;
“Dear Sir /Madam
My Question is registered wasiyat can be cancelled by court it is possible or not if legal owner any other person and registered person illlegal owner.”
The query is either wisely drafted or while communication in English, some erros have happened.
The WILL is registerd by registering authority per prescribed/standard SoP that are available on websites of authority/state govt and if procedure is complied with and there is NO defect in registartion then IT shall be futile to agitate on validity of registration.
A very able counsel can examine the WILL and advice that registering authority did not comit any transgression, and there is NO defect in registration.
A sensible counsel may not advice to agitate on this count.
Even if registration was say; by flouting norms…..the WILL may still be valid.
IT is not mandatory to register the WILL.
IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
IT is not mandatory to probate the WILL in other areas. The WILL should just be valid. Unregistered WILL can be acted upon.
The testator (of sound mind) that is title holder/owner of estate/property (narrated in valid WILL) can cancel previous WILL to write last (valid) WILL till his/her last breath.
The last wish ot testator in valid WILL is supreme and courts endeavor to act upon last valid WILL.
The last valid WILL prevails.
Kumar Doab
(Expert) 18 December 2018
Splitting the query in parts;
(1)
“My Question is registered wasiyat can be cancelled by court”
The testator can dispose only that estate/property: whose title is vested in testator/that is owned by testator.
Testator cannot dispose the estate/property that is not owned by testator, BY WILL. If testator does then WILL may be invalid.
Any (valid) WILL registered or unregistered can be duly acted upon without any cloud on IT.
Any (valid) WILL registered or unregistered can be contested.
If contested WILL lands up in probate court and court shall decide the WILL is valid or not.
If valid the probate may succeed and beneficiary(ies) in WILL get ownership of property per last wish of testator as in WILL.
If not valid the probate may not succeed and beneficiary(ies) in WILL does not get ownership and legal heirs of owner/title holder get share as per provisions of personal law that applies e.g; Hindu.
(2)
“My Question is registered wasiyat can be cancelled by court it is possible or not if legal owner any other person”
Your query probably poses question on ownership of property by tetstaor.
As already posted above; Testator cannot dispose the estate/property that is not owned by testator, BY WILL. If testator does then WILL may be invalid.
The testator can not and must not dispose the property by WILL that is owned by someone else (other than testator). If testator does then WILL may be invalid.
(3)
“My Question is registered wasiyat can be cancelled by court it is possible or not if legal owner any other person………………. and registered person illlegal owner.”
If property is possessed (acquired, contolled) by illegal means then ownership can always be questioned.
In that case if IT is proved to satisfaction of court that testator was not real/genuine owner of property then eventually then WILL may be invalid.
Hope your query was as attempted in parts and toto, above and is addressed.
Kumar Doab
(Expert) 18 December 2018
Is IT same matter;
http://www.lawyersclubindia.com/experts/Property-ownership-698076.asp
Take LOCAL help to narrate your query so as to convey a clear message.
