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Rajesh   29 January 2018

Will cancellation or creating new will.

Hi, my mother had done a will of our flat of co-op. society in december 2017. she want to change the will. Is all the fresh documents (share certificates and other) required to submit again for new will or same can be used which already submitted in court. Please let me know what flat (room) documents required to submit again while creating the new will. What is the procedure of cancellation of will?


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 5 Replies

Kumar Doab (FIN)     29 January 2018

The owner can dispose her/his self earned/acquired estate in her/his life time by  a valid/registered deed/WILL……………..

The testator (owner) can change/amend/cancel the last WILL till her/his last breath in this mortal world and write a new WILL. The testator can mention last WILL(s) dated………….is/are cancelled and this is the last WILL….

The WILL surfaces for IT’s operation after death of testator.

Your mother is testator and as per query it can be read that she is alive as her WILL needs to be changed by her…….by her free will.

Kumar Doab (FIN)     29 January 2018

Are some documents only in the court or her WILL is also in court?

The question may arise; why her WILL is in court?

If you wish you may post full facts of the matter…

 

Kumar Doab (FIN)     29 January 2018

For change narration of details/address of the property may be sufficient.

Original docs may not be required.

If needed copies may suffice.

Are you registering the WILL!

One member has attached a publication on WILL at;

https://www.lawyersclubindia.com/forum/Property-got-from--153364.asp

You may also go thru IT.

Preferably, approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Civil/succession/testamentary matters and having a successful track record….to guide you in person as per your feedback and finer nuances of the mater that you might have not posted in the query/thread and to suitable draft the said WILL ……..

 

Avoid posers/impostors that loiter at online portals and paste even photos of very sick/old entities to allure and fleece unsuspecting querists………..but do nothing other than littering IT’s trademark Tamashaa, nuisance, abuse, sarcasm….

Such entities although may advertise to claim that IT is some Chief Lawyer (although LIAR) is some unknown Law Firm ((although LIAR’s firm)……….but querists must not get allured and chose a counsel as suggested above….

Check LOCALLY at LOCAL courts complex and take help of elders of the family, well wishers…..

N.K.Assumi (Advocate)     29 January 2018

In spite of making new will, if the testator wants to change the will, the testator can make a Codicil specifically mentioning what property should go to the legatee, and get it properly attested, and if possible get it notarized. No need to include documents annexed to the will, as long as the testator can distincly identify and specify the property to be given to the legatee.

adv. rajeev ( rajoo ) (practicing advocate)     05 February 2018

She can write in the new will that already executed will in favour of so and so stands cancelled by this new will.


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