Cancellation of an unregistered / non probated will
4WhatIsRight
(Querist) 16 October 2012
This query is : Resolved
how an unregistered / non probated WILL can be cancelled?
The person is no more alive, and none of the heirs want to go into litigation.
can Just Endorsing CANCELLED by all the heirs amount to cancellation?
Adv Akhtar Ali Sheikh
(Expert) 16 October 2012
Registered or unregistered no will can be cancelled by anybody except the author of the Will, since as you say maker of the Will is now no more, The Will executed by him if duly attested will be final and binding for all purposes and its contents shall remain sacrosanct.
4WhatIsRight
(Querist) 17 October 2012
There must be some way to supersede such document, when all the interested parties are unanimous.
Devajyoti Barman
(Expert) 17 October 2012
It can not be cancelled but surely it can be declared as null and void for which suit for declaration is to be filed in the civil court for declaring it as null and void which amounts to cancellation of Will.
Guest
(Expert) 17 October 2012
No way for cancellation.
If parties (heirs) are unanimous, execute the will at first and thereafter the beneficiary may distribute the property, as gift, to whomsoever he likes or as per mutual agreement arrived at between the heirs.
sangeeta mehrotra
(Expert) 17 October 2012
JUST DO NOT ACT UPON THE 'WILL', if all beneficiaries agree.
ajay sethi
(Expert) 17 October 2012
agree with experts will cannot be cancelled .
Guest
(Expert) 17 October 2012
A validly executed WILL cannot be cancelled after the death of the testator.However, the beneficiaries can transfer the ownership of the properties ,subject to compliance with the Transfer of Property Act and/or other applicable laws.
S.K.SARRAF (ADVOCATE)
(Expert) 20 October 2012
..I seem to hav a different opinion , bit contrary to all above.
Will executed- not registered- circumstances and period of execution suspicious- giving way to probabilities & possibilities of manipulated-forced-coercion-influenced-such will can be challenged in a declaratory suit for nullying laying out all reasons/circumstances,etc.
Guest
(Expert) 20 October 2012
Dear Mr. Saraff,
I have said ,if the will was validly executed as per the law, it cannot revoked,after the death of the testator.Your comment is applicable only in circumstances ,where there was some irrgularity or illegality in its execution.
K.K.Ganguly
(Expert) 20 October 2012
1) If the will is a valid will, it can not be cancelled by others.
2) After execution of the will, the benificialries can gift theirs portions of the property according to their wishes.
Adv Akhtar Ali Sheikh
(Expert) 21 October 2012
Take it from a different perspective if the testator did not want to bequeath all or some part of his property to usual legatees but to outsiders say trusts and NGOs etc and the will has come to the hands of regular heirs and they do not want thre property go outside in such a situation the very desire of the author of the will be frustrated.
Guest
(Expert) 21 October 2012
I differ with the opinion of Ms. Sangeeta Mehrotra. Not acting upon will and distributing property without adoption of any lawful process can be harmful to the interest of other heirs who got the property divided. Dispute, rather eviction, of the other heirs in future by the actual beneficiary cannot be overruled.
S.K.SARRAF (ADVOCATE)
(Expert) 22 October 2012
Yes, in varied & suspicious circumstances,it can be challenged-
4WhatIsRight
(Querist) 22 October 2012
if, to avoid unwanted litigation it is treated as cancelled and not acted upon.
Guest
(Expert) 22 October 2012
If you want to treat the will cancelled at your own sweet will and desired to use your own wisdom, there was no need to post your problem on this site.
4WhatIsRight
(Querist) 23 October 2012
Sorry Dhingra sir, grammatical error.
i meant if (hypothetical situation)
Hemant Agarwal
(Expert) 18 September 2014
ALTERNATE SOLUTION:
1. A typical WILL (of whatever type) is made for upholding the benefit of the legal heirs /beneficiaries, of the deceased, relating to movable and/or immovable properties. A legal heir /beneficiary can easily refuse to accept any benefit (of whatever nature) designated /willed /assigned to him by the deceased and can permanently forgo all his legal heir rights.
2. Hence in lieu of the above "twist of a legal fact", the will of the deceased can be deemed infructuous by the "ALL" Legal heirs /beneficiaries & their assignees, of the deceased, by mutually executing & registering a "Family Settlement deed", for all the movable and/or immovable properties of the deceased, and incorporating all the relevant irrevocable & inbuilt clauses (non-future-claim condition etc.... ), which will remain lawfully binding on all the Legal heirs /beneficiaries and their assignees. In the event of a deliberate and unforeseen legal dispute, the competent courts will not be able to override the mutually executed & registered "Family Settlement deed", in view of the "unregistered" WILL.
Keep Smiling .... Hemant Agarwal
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