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4WhatIsRight (partner)     16 October 2012

Cancellation of an unregistered will

how an unregistered / non probated WILL can be cancelled?
The person is no more alive, and will has not been probated.


can Just Endorsing CANCELLED by all the heirs amount to cancellation?


Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 October 2012

If all the heirs are at unanimity with respect to the will, they may make ideally recognise the identity of the  will and then execute a registered family settlement and supercede the same. Cancellation of any document is done on vitiating factors such as fraud/force etc and not by mutual consent. 

4WhatIsRight (partner)     17 October 2012

does making of registered family settlement involve a substantial amount of  money as stamp duty?

It is to be registered with whom ? -at any registering authority's office or where the properties are located?

P.K.Haridasan (Advocate)     17 October 2012

If all of you are agreeable go for a settlement deed or partition deed.The document is to be registered with sub registrar of your local area where the property is situated.

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