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Mythra   29 March 2023

About will









 13 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 March 2023

A cancellation deed will be signed and registered before the same registrar office where the will was registered. The cancellation deed needs to be contained complete details of the registered will. The executant personal presence is mandatory for registering cancellation deed.

Shashi Dhara   29 March 2023

Write another will that you have revoked previous will .

Mythra   29 March 2023

Person who made will wass died

Shashi Dhara   29 March 2023

You have to prove will is not genuine in court .

Mythra   29 March 2023

I am attaching family tree,to make you understand.

I a1 speaking here. X is my great grandfather..He diveded property among his childrens..So Y1(my grandfather)got his share.Z is my grandmother.

Till Y1's death property is not divided..After his death property got transferred to Z

Till Z's death also property was not diveded..

But before she dies she made a will and shared that property among a b c d and to some other person who is Y1's brother..As Z is in village..in joint home belongs to Y1 and Y3

a is in work so he was in some other place..and b and c were married and d was unmarried.

Z made will,in that will witnesse are b c and Y2's duagther and her husband.

even make heirs a and d was not know about will.

a's children's are already crossed 18.

In this case is this will valid. As class 2 heirs are adults.









Attached File : 937309 20230329215604 img 20230329 215404.pdf downloaded: 13 times

Shashi Dhara   30 March 2023

It is burden to prove who challenges the will in court ,if you challenge then you have to prove with relevant documents that will is forged , coercion ,fraud etc through advocate.only the advocate who handles case can say about case ,you have to pay court fee as per  court fee act ,it varies from state to state.

Mythra   30 March 2023

Ok Thank you sir.

In Karnataka what is the court fee to cancel the will.


Shashi Dhara   30 March 2023

After the death of Y1 his wife Z gets her share only  she cannot write will for entire property even khata transferred to her name ,without consent of her children's she cannot dispose entire property .with GPA a 's  adult children can file suit ,they have to file suit for partition ,if they defend their is will you deny it and prove it is fraud will ,for partition maximum court fee in Karnataka is 200 rupees only .

Mythra   30 March 2023

Ok Ty sir..

Patition we don't need..we need to cancel the will.

What might be the fee to file suit to cancel the will.

Shashi Dhara   30 March 2023

Then they have to file declaratory suit ,to declare the property belongs  to them and will is fraud ,if it is agricultural property court fee is 25 rupees ,non agricultural property in urban area according to market value.

Mythra   30 March 2023

Ok Thank you

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     31 March 2023

There is nothing called cancellation of a will. A will can be revoked by the testator himself during his lifetime. After the death of the testator, if the will is disputed for any reason, the interested party should dispute it in a court of law giving appropriate reason.

T. Kalaiselvan, Advocate (Advocate)     02 April 2023

In your case it is clear that the testator has died but you want the Will to be cancelled after her death which cannot be possible after the death of the testator..

It is not called as cancellation, but to nullify the Will owing to the reasons of fraud or purported to have been written under coercion or that the testator was not mentally fit at the time of executing the Will.

Besides the property appears to hve been acquired by your grandfather as his share out of his father's property.

Your grandmother can exercise her rights over her share alone and not for the entire property therefore the Will can be considered as valid insofar as her share in the property alone and not beyond. that.

In any case since this is not ancestral property, you cannot claim direct rights over the residual share in the property.

Your father/mother whoever was the legal heir of your deceased grandfather alone can claim share in the residual property as a right. 

In this situation the aggrieved legal heirs of your deceased grandfather alone can file a suit for partition and claim their legitimate share in the property  by applying due process of law thereon.


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