Ramchander S (Mech Engg) 28 September 2010

Any time limit to seek writ against a registered Will

Hi,

A Will was registered in 2006 by the beneficiary after the executor's death.

The Sub-Registrar did not follow the correct procedure while registering and also there is another Will which supersedes the previous one.

I want to seek a writ in the Civil Court seeking cancellation of the Will registered by the Sub-Registrar because of the faulty procedure. Is there a time limit within which I need to approach a Civil court.

The reason for seeking cancellation is to put psychological pressure on the beneficiary.

Replies will be much appreciated. Thanks.

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5 Replies

N.K.Assumi (Advocate) 28 September 2010

You better first appeal before the District Registrar against the decision of District Sub Registrar.

Ramchander S (Mech Engg) 28 September 2010

Thank You.

According to procedure, there can be no appeal in the Registrars office. The Registrar has informed me that I can only approach the Civil court.

And that is why I wanted to know if there was a time limit.

N.K.Assumi (Advocate) 28 September 2010

OK,. in that case you have to see the time of cause of action and decide which course to be adopted.

Daksh (Student) 29 September 2010

Mr.Ramchander S,

Let Registrar confirm in writing before you initiate the process of filing the writ. Otherwise there is no time limit and the only thing which you have to mention in your writ that you have invoked the writ jurisdiction without any delay and latches.

Best Regards

Daksh