Is there a time limit to appeal against a Will

Dear Mr. Ram,

Under section 18 of The Registration Act 1908, a Will is not compulsorily registrable, so whether it was regsitered properly or not is immaterial. As far as the second Will, please check is this Will subsequent to the earlier Will. As far the matter of proving a Will is concerned, the same is governed under the provisions of the Indian Succession Act 1925,. One has to file Testamentary proceedings for proving the Wil and obtaining probate in the name of the Executor/s named in the Will. If the person who is holding the second Will has filed any such proceedinsg you must within 14 days from the date of issue and service of Citation upon you can file Caveat challenging that particular Will. In any event for obtaining probate one needs to file the testamentary proceedings within two years from the date of the death of the deceased who died leaving the Will. If the Second Will is already proved then you can file Testamentary Petition for striking off the Probate and challenging the Will. There is no povision for appeal as such.

 Rgds,

Khushnuma

Khushnuma, Thank you very much.

Can I approach the Civil court and ask for cancellation of the registration of the Will made by the Sub-Registrar? And is there a time limit for this.

Please note that the executant has expired and the registration of the will  was initiated by the beneficiary mentioned in that will.

Thanks again and appreciate your time, Ram

Mr.Ram registration of will is not mandatory nd the last will be read nd effective.

Probate is not necessary neither is registartion.

so no use of that cancellation of will made earlier.

Thanks Prashant. I wanted to cancel the registration of the first will in a civil court because I wanted to put psychological pressure on the beneficiary.

And that is why I was asking if there was a time limit for asking for a writ against the registration in a  civil court.