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How can I revoke my Will?

- by Subbaramaiah, Sririmpuram

The Will executed by a testator/testatrix can be revoked at any time during his or her life time in the following manner :

A]  By executing another Will or Codicil.  Such a Will or Codicil would automatically revoke the Will written earlier.

B]  By physically destroying the Will by burning, tearing or by any other mode of destroying the same.

C]  By a written declaration confirms the intention to revoke and this requires compliance of certain formalities as envisaged under the Indian Succession Act, 1925; and 

D]  By operation of law.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- My father had inherited some ancestral properties from his father. I am the only son of my father. My father has sold the ancestral property when I was minor. The sale proceeds were utilized by my father for his trip to U.S.A. The said sale was done when I was five years old. I have completed 18 years of age on 6/12/2002 and want to assert my claim over the ancestral property. But I was told that I cannot move the court as the limitation of twelve years is over. Please advise, what is the remedy?

Q:- I own a house which is self acquired property purchased out of my earnings. I have two children, a son and daughter. My son is married and is living separately. My daughter is unmarried and is living with me in my house and is taking care of me. I am aged and want that my daughter should get my house but want that the house should be in my possession as long as I am alive. Please advise how to proceed.

Q:- In your August issue, you answered the query of Smt. Kausalya Devi about the devolution of property inherited by a female through her father. I am in similar situation but the property inherited by me is that of my father-in-law. I do not have any children and my husband also expired an year ago. Please advise how my property is devolved?

Q:- Sir, I am a Hindu widow and do not have any children. I have inherited property from my father.  Please inform who will succeed to my inherited property.

Q:- I am a Hindu and have acquired certain immovable properties out of my own income. I do not have any issues. My husband died recently and my parents also expired long back. Please inform who will succeed my acquired property if I do not make a will.