meenakshi (trainee) 28 July 2014

How to get a will cancelles

hello sir

my husband grandmother had made a registered will in name of her three grandson without mentioning which part belong to whom.she is no more now

so all nominee want this will to get cancelled and have this partition submitted with huf property

so is there any rulling if benificiary doesnt want to take the part they can do

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4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 28 July 2014

a will shall be rectified/cancelled/changed it shall be by the executor/testator of the will. no one has right to do. as she is no more, it cannot be cancelled. all beneficiaries of the will, they shall come to a conclusion/do as elders said. other wise consult a local lawyer in the matter. it is for information.

DISHA D. SHAH (lawyer) 29 July 2014

if part not clear then all three get equal portion and will cant cancel unless its VOID AB INTIO

Ajay Paplu (Lawyer) 30 July 2014

I am satisfied with the opinion of Disha and Styanarayan

Amit Gupta (Advocate) 31 July 2014

Dear meenakshi

all the hairs can file a suit for declaration and partition if everyone is ready the will wud have no effect and a decree of partition wud be granted.

u can alleage that the executer was not mantally fit at the time of execution and defendents wud admit it, and the will wud be infructuous...

regards