Kamatchi 25 June 2021

Can my father qualified to revoke his will

Sir,

My name is kamatchi sundar, nearly 10 years back some quarrel arise between my wife & my mummy. My brother & father asked me to divorce my wife, but i doesnt like to divorce my wife, also at that time we got a twin girl baby.

So for the sake of the future of my kids, me, my wife went out and rented a new home. We r not love marriage couples, only arranged marriage. My father & elder brother continously insisted me to divorce my wife.

My father threathened me, if i doesnt divorce my wife, then i wont get a share in his self earned home.

I wont bother about my fathers property, lived with my wife & kids in a rented home.

In 2013 my father wrote a will that after his (my father) death, the entire property (a self earned home of my father) belongs to my elder brother & he has the right to sell or rent or pledge the property, and i doesnt have any right in it. In the will my father also included if needed he can revoke this will and can write a new will.

I went to my fathers home only during festivals.

Last year (feb 2021) my father met an road accident and he got minor paralysed. His right leg & right hand wont function.

So i went with my wife & kids to see my father, his angry towards me, my wife went off. Then he started to speak with my kids in phone.

6 months back he asked me to vacate the rented house & asked me to live with him & again i settled with my father & mother.

3 months back my father health condition got worse, both of his hands & legs wont function. Now he not even able to sign, he cant able to speak well, he often forgets what happens around him, not even able to recall our home address.

Now my mom asking to revoke the old will and she wants to write a new will, in which me & my elder brother has to share the home equally.

My father also says ok to it.

But my elder brother saying my father is not physically strong, he cant revoke the will, also he is saying that he wants the entire home. He takes care of my father & mother for the past 6 years who are physically ill.

1) can my father revoke the will which he wrote 8 years back while he is physically & mentally strong? Now my fathers age s 74.

Need ur advice sir?

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1 Replies

Vasundhara Singh (Student) 01 July 2021

Dear reader,

Revocation or cancellation of a will can only be done by the testator during his lifetime and it cannot be changed or amended once the testator passes away. The revocation of a will can be done in three ways:

By a writing

By a physical act

By the law

A will can be revoked in writing either directly or indirectly. If your father makes a new will regarding the properties mentioned in the old will, the new will is valid and the old will stands cancelled. Will can be indirectly revoked by laying down conditions in the previous will itself.

A will can be revoked by physical acts if the will is torn, burnt, cancelled, obliterated or destroyed. Obliterating can include the act of drawing a line over the will treating it as cancelled. The mentioned acts if done by any other person other than the creator of the will, then they should be done only in the presence of the testator and with his consent.

In your case, if you believe that your father is physically and mentally capable to revoke his will by any above-mentioned methods, he can do so without the consent of any other individual.

Regards

Vasundhara Singh