In 1990, my father wrote a will to his brother before undergoing a cardiac surgery. The core reason for the will was as follows. And the will was registered. And he passed away in 2007 I, XXXX writing this will because my health condition is not good, and I need to undergo open-heart surgery. I am not sure if I will come back alive or completely cured. Even if I am cured, I may not be able to perform my regular activities like before. As I have two kids named Uma and Indrajith, I believe that my brother, Mr. XXX, will take care of them, fulfill their needs, and take care of them in my absence. Hence, I am transferring all my property to my brother to compensate for the above-said. So far all the property is on my father’s name and using it My father’s brother never claimed the property under his name and based on my request now he is ready to renounce the will . Can anyone advice how to cancel the registered will and solve this issue. My whatsapp no : +[deleted]
1) on father demise your uncle would be absolute owner of property
2) if uncle has not applied for mutation of property in his name then enter into deed of family settlement for division of property standing in name of deceased father in your and sister name
3) uncle can be witness to deed of family settlement
Ask your uncle to probate the WILL and register his name on all property. an later on he can gift deed all property to among you and your siblings.
My uncle is not sure that where the original will was , We have only the certified copy of the will recovered from register office.
If property has been mutated in uncle name on basis of will uncle can execute gift deed in tot and sister favour
On that certified copy based you can get probate done. If you have evidence the registered WILL has been lost.
Under Section 238 in The Indian Succession Act, 1925
1. Registration of WILL is not compulsory but only optional. Even an unregistered WILL will have the same legal force as that of a registered WILL .
2. The registered WILL executed by your deceased father can't be unilaterally cancelled as the Testator ( your father) is not alive.
3. Your father's brother being the beneficiary of your father's WILL has been magnanimous in agreeing to cancel/ revoke the WILL.
4. There's no need to cancel or revoke the WILL as your father's brother being the beneficiary is not claiming your father's property and let him execute a registered Reliquishment Deed in favour of all the legal heirs.
5. In view of above, your father's death is to be considered as Intestate (without executing a WILL) death and the property would devolve equally to your paternal grandmother (if alive), your mother, Uma and Indrajit.
He can execute a deed of release stating that any rights that he inherit from his brother's will not anymore come to him as he has released his rghts that he will not claim anything from them.
This is called as disclaiming the inheritance of the registered Will in his favor.
Even the certified copy of the Will obtained from the sub registrar would be sufficient for executing the registered disclaimer or relinquishment deed.
You need to file suit and challenge the same
first of all there is no use sharing your whatsapp number since no good lawyer will directly contact you and give you legal information for free
even otherwise the kanoon platform does not display any personal information of the person asking the question like his email id or mobile number
so in case you want further information or want to discuss the matter you will have to directly approach the lawyer of your choice, pay his professional fees and take consultation
a doctor never goes to the patient. it is vice versa! hope you get that simple thing
coming to your query :
if your uncle is willing to renounce the legacy then he can simply make an affidavit and have it notorised stating that he does not claim anything under the Will.
a public notice can also be given to the above effect in 2 local newspapers
the Will is reflecting in the records of the sub-registrar. so now it cannot be cancelled. it could have been cancelled only by your father in his lifetime by making another Will or codicil and having it registered so that the subsequent registered Will would supersede the earlier registered Will
another way this can be sorted is to enter into a deed of family arrangement between the immediate heirs of the deceased on one hand and the legatee uncle on the other hand
in this deed the uncle would agree and declare that he does not claim any right under the Will of his late brother and has no objection if his brother's estate devolves on his legal heirs as per intestate succession. this deed can then be registered with the same sub-registrar who had registered the Will
Will cannot be cancel. Transfer can be possible only through gift deed or your uncle refuse to accept the bequeath by public announcement otherwise after his death, his children may present their claim.
Then the assets itself succeed to you and your sister equally.
Or forget the WILL and apply for mutation in your and sister name on the basis of Legal heir certificate and death certificate of father.
public announcement to accept the legacy is necessary. Also mention that he is and will not take care brother`s children.
The will is conditional, that is it is effective only the condition, “I am not sure if I will come back alive or completely cured. Even if I am cured, I may not be able to perform my regular activities like before.” His operation was successful and he lived for 17 years after operation. The will has become infructuous (fruitless), it cannot be executed. You can ignore the will.
Dear client,
To cancel a registered will, the person who made the will (testator) must execute a new will that explicitly revokes the previous will. The new will must meet the legal requirements for a valid will, such as being in writing, signed by the testator and witnessed by two or more witnesses. The new will must also contain a specific clause that revokes the previous will.
Alternatively, the testator can execute a separate document called a revocation of will, which revokes the previous will without creating a new will. This document must also meet the legal requirements for a valid legal document.
Once the new will or revocation of will is executed, it should be registered with the relevant authority, such as the sub-registrar of assurances, to ensure that it is legally recognized and enforceable.
In your case, if your father's brother is willing to renounce the will, he can execute a document that renounces his rights under the will. This document should also be registered with the relevant authority to ensure that it is legally recognized.
It is advisable to seek legal advice from a qualified lawyer who specializes in estate planning and property law to ensure that the cancellation of the will is done in compliance with the legal requirements and procedures in your jurisdiction.
