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To cancell a registered will

(Querist) 06 May 2012 This query is : Resolved 
SIR
TELL ME HOW TO CANCEL A REGISTERED WILL
I WANT TO SELL MY WILLED PROPERTY.
ALSO FOR A PLOT OF 2170 SQ FT LAND (WILL) PROBATION NEEDED?
THE PROPERTY IS IN A VILLAGE.
Adv.R.P.Chugh (Expert) 06 May 2012
Dear Querist,

As a will is operative (Registered or unregistered) only after death. You can revoke it any time during your life. Go ahead and sell it - it would be implied revocation of your will.

I couldn't comprehend the second part of your query.
A V Vishal (Expert) 06 May 2012
Can a will be cancelled?

Ans The testator can cancel his will at anytime during his lifetime. Such cancellation deed requires a Stamp duty of Rs.100-00

Can a registered will be rectified or changed?

Ans If executant of a will wishes to rectify, add to will may do so during his lifetime. This is called codicil. This document does not require stamp duty.
Raj Kumar Makkad (Expert) 06 May 2012
You get it cancelled in the same way, you got registered means a cancellation of will ded is required to be registered for that purpose before the same registrar.
Sudhir Kumar, Advocate (Expert) 07 May 2012
Authenticity of a regd will cannot be challanged. However, if the lat will is not registered and tis authenticity (after death) can be established then it supersedes all other earlier WILLs including regd one.

After making a WILL a person does not cease to be owner. Theclaim of WILL is only after death.During his life time he can even sell the property.
Shonee Kapoor (Expert) 07 May 2012
Make a new will, the previous will can be cancelled automatically.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda (Expert) 07 May 2012
I agree with Shonee Kapoor.
JANAK RAJ VATSA (Expert) 09 May 2012
will only comes into effect after the demise of the testator. therefore during his life time he can make mends as many times as he wants. since ur is a registered will , therefore follow the same procedure for its cancellation by making a fresh will.
V R SHROFF (Expert) 09 May 2012
u want to sell your willed property,

Sell it.

WII is effective only after your death, and as now you are alive, WILL have no effect on your sale. No need for will cancellation etc for that purpose.


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