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Mayur Wankhade   07 September 2021

Will deed

Can SUB DIVISIONAL MAGISTRATE Or assistant SUB DIVISIONAL MAGISTRATE has to power for cancellations of will deed if already Registered in Registration office


Learning

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     07 September 2021

Hello, Will can be challenged before civil court. SDO has no powers in your case.

Advocate Bhartesh goyal (advocate)     07 September 2021

No, SDM or Asst SDM has no power or authority to cancel will or any documents. For cancellation of will, a civil suit for cancellation of document ( will ) has to be filled before civil court.

Kevin Moses Paul   07 September 2021

As per your query, let me inform you that in order to cancel a registered WILL a cancellation deed has to be executed which will be signed and registered before registrar's office where the will was registered previously. All the complete details of the registered WILL shall be included in the cancellation deed. Moreover, the executant personal presence is mandatory for registering cancellation deed.

These can not be performed by a SDM or DM, as they contain Administrative power and thus can not entertain judicial powers. Hence, a SDM or DM can't cancel a WILL if the WILL has already been registered in a registrar's office.


Regards,
Kevin M. Paul

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