Challenging a Registered Will in India: Legal Provisions and Grounds

A will is a legal document in which a person, known as the testator, expresses their wishes regarding the distribution of their property after death. In India, a registered will holds significant legal weight as it is validated through the registration process under the Indian Registration Act, 1908. However, a registered will can still be contested in court under specific circumstances. 

Grounds for Challenging a Registered Will

  1. Lack of Testamentary Capacity: The will can be challenged on the grounds that the testator lacked the mental capacity to make the will at the time it was executed. Under Section 59 of the Indian Succession Act, 1925, any person of sound mind and not a minor can make a will. If it is proven that the testator was of unsound mind or under the influence of drugs, alcohol, or illness, the will can be declared invalid. For instance, if a person suffering from dementia makes a will, it can be contested on these grounds.
  2. Undue Influence or Coercion: A will can be set aside if it is proven that the testator was under undue influence, coercion, or fraud when executing the document. The court will examine the relationship between the parties and whether the testator was manipulated into drafting a will in favor of particular beneficiaries.
  3. Fraud or Forgery: A registered will can be challenged if there is evidence that it was forged or created through fraudulent means. Forgery may include instances where the testator’s signature was falsified or pages of the will were altered after the testator’s death. If fraud or forgery is proven, the court may declare the will void.
  4. Improper Execution of the Will: Under Section 63 of the Indian Succession Act, certain formalities are required for the proper execution of a will. It must be signed by the testator in the presence of at least two witnesses, who must also sign the will. If these formalities are not followed, the will can be challenged for not being executed according to law.
  5. Exclusion of Legal Heirs Without Reason: While a testator has the right to dispose of their property as they wish, disinheriting legal heirs such as children or spouses without reasonable explanation can raise suspicion. In such cases, the heirs can challenge the will, especially if there is reason to believe that the exclusion was done under suspicious circumstances.

Procedure for Challenging a Registered Will

  1. Filing a Civil Suit: To challenge a registered will, an interested party, usually a legal heir, must file a civil suit in the appropriate court. The challenge is typically filed in a district court or a higher court, depending on the value of the estate.
  2. Proving Grounds for Challenge: The burden of proof lies on the person challenging the will. They must provide evidence to support their claim, such as medical records (in case of mental incapacity), witness testimonies (for undue influence), or forensic analysis (for fraud or forgery).
  3. Probate Proceedings: If the will is contested during probate, the court will conduct a thorough examination of the will’s validity. Probate is a judicial certification of the will, and once granted, the will is presumed to be genuine unless proven otherwise.

Conclusion

Challenging a registered will in India requires substantial evidence and legal grounds such as lack of mental capacity, undue influence, fraud, improper execution, or the unjust exclusion of legal heirs.

Frequently Asked Questions(FAQ'S)

Yes, a registered will can be challenged in India, despite its legal validity. While registration strengthens the authenticity of a will, it does not make it immune to challenges. A will can be contested on several grounds, including lack of testamentary capacity, undue influence, fraud, coercion, or improper execution. Legal heirs or interested parties can file a suit in court to challenge the will. The court will scrutinize the validity of the will based on evidence provided, such as witness testimonies, medical records, or forensic proof, to determine if the will is legally binding.

In India, a will can be challenged by any interested party with a legitimate stake in the estate. This typically includes legal heirs such as the testator’s children, spouse, parents, or siblings. However, other parties, like beneficiaries or individuals who were financially dependent on the testator, may also have the right to challenge the will if they believe they have been wrongfully excluded or the will was made under questionable circumstances. To successfully contest a will, the challenger must present valid legal grounds, such as undue influence, fraud, or lack of testamentary capacity.

In India, the time limit for challenging a will typically depends on when the cause of action arises. Under the Limitation Act, 1963, a will can be contested within 12 years from the date the right to challenge accrues, such as the date of the testator’s death or the discovery of fraud. If the will goes through probate, the challenge should be made during the probate proceedings. Once probate is granted, it becomes difficult to contest the will, as it is considered legally validated. However, exceptions may exist in cases of fraud or concealment of facts.

Yes, probate validates a will in India. Probate is a legal process where the court certifies the authenticity of the will and grants the executor the authority to distribute the testator’s assets as per the will’s instructions. Once probate is granted by the court, the will is considered legally valid and binding. It also provides protection to the executor from future claims regarding the will’s validity. However, if the will is challenged before or during the probate proceedings on grounds such as fraud or undue influenIs it necessary to obtain probate for a will?ce, the court will examine the case before granting probate.

No, probate is not always necessary for a will in India. Probate is typically required only in certain regions like Mumbai, Chennai, and Kolkata, or if the will involves immovable property in these areas. In other parts of India, probate is not mandatory unless a legal dispute arises or the will is contested. However, obtaining probate provides legal validation and can help ensure the will is executed as per the testator’s wishes. It also protects the executor and beneficiaries from future claims. In cases where probate is not required, the will can still be enforced without it.

 

4 Responses

  1. A person of sound mind can make a will to transfer his properties to anyone of his choice and not necessarily to legal heirs. He can exclude all his legal heirs and assign anyone or any institution as he like provided it is not for any illegal operations. So exclusion or not getting proportionally by any legal heir is not a ground for challenging the will

    1. There is no time limit to claim Will property as such. However, under the Law of Limitations, there is a section that states that the Limitation starts ‘ when the cause arises’. The ’cause’ may be challenge to the validity of the Will. However, inordinate delay may cause hardship if the need for probate arises as witnesses may not be alive, or worse, traceable making the proving more difficult. Besides, the reason for delay has to be explained.

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