Kamatchi 28 June 2021

How can my father revoke his will?

Once (8 yrs back) my father wrote a will in favour of my brother. In the will he states he can revoke the will if he wants in the future.

Now my father want to give a share in that property to me, so he want to revoke the will & write the new will.

But he is not feeling well. He is 74 yrs old. Due to a cervical fracture he cant able to sit, stand & walk. His right hand completely paralysed, left hand partly paralised. His both the legs completely paralysed.

But he want to revoke the will and give a share to me also.

Can he medically fit sir. My elder brother refusing to revoke the will.

Reply Follow

5 Replies

Surya Khokhar 28 June 2021

yes, your father can change his will however he want.

Rohit Mehra 28 June 2021

There is no need to cancel the present Will by additional step?

Your father can very well register new Will wherein you father can mention about the cancellation of old Will.

Application can be filed with the sub-registrar to verify the document at your house...

Contact for further information: Rohit Mehra (Adv), 9818807048

p.venugopal Reddy 28 June 2021

IN MY VIEW WILL IS A REGISTERED DOCUMENT AND THE OLD WILL MUST BE REVOKED AND A NEW WILL MUST BE REGISTERED AND THE PERSON WHO HAS MADE A WILL HAS THE RIGHT AND LIBERTY TO CHANGE THE WILL AS MANY TIME HE/SHE CAN.

Shashi Dhara 28 June 2021

Last genuine will come to force .

Shubham Bhardwaj (Advocate) 28 June 2021

Dear Mr Kamatchi,

As per principles of law governing testamentary succession, a testator can get a new 'Will' registered any time as he pleases. However, you must do the following to as to make 'Will' reasonably immune from challenge.

1. In the new Will, include a para wherein the last will should be mentioned and it should also mention that the old will is being replaced with this new 'Will' because of change in family circumstances and so as to make provision for my ____ son. (this is your name)

2. Generally a 'Will' is challenged on the ground that the testator was under pressure and was not in fit mental condition to make the Will. So I would advise you to get a written opinion from a registered medical practitioner about the mental condition of your father. Keep the opinion safely for future use in case the need arises.

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, Chandigarh.

Disclaimer:- The opinion is only for guidance.