On what grounds can you challenge a will in India?
Asked by: Dr. Grant Klein III | Last update: December 28, 2025Score: 4.7/5 (36 votes)
Grounds of Challenging a Will. A Will is considered void if any kind of fraud, undue influence, or coercion is used3 at the time of its making. The burden of proof is on the person challenging the validity of the will.
What are the most common grounds for contesting a will?
- Lack of Testamentary Capacity. This is a commonly cited reason for contesting a will. ...
- Undue Influence. ...
- Fraud. ...
- Improper Execution. ...
- The Existence of a More Recent Will.
What makes a will null and void in India?
Will obtained by fraud, coercion or importunity: A Will or any part of a Will, the making of which has been caused by fraud or coercion or by such importunity as takes away the free agency of the Testator, is void.
How to contest a registered will in India?
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.
Can a daughter challenge a father's will in India?
So, we can say that the daughter cannot challenge the will of self- acquired property but can challenge the will of ancestral property if her right gets affected by that will.
Grounds on Which You Can Challenge a Will
On what grounds can a will be challenged in India?
Technically every WILL carries the risk of being challenged in a court of law. WILLs stand to be challenged on the following common grounds: signature taken under coercion or undue influence or under duress to the relatively complex stand of being made under suspicious circumstances.
Can a father give all his property to one child in India?
In an ancestral property, all the sons have a right by birth and therefore, the father cannot give the ancestral property to one son to the exclusion of others. After amendment of 2005 in the Hindu Succession Act, even daughters are coparceners and have a right in the ancestral property.
What is the limitation period to challenge a will in India?
...that the period for filing suit for limitation to challenge the Will is three years.
How do you prove a will is forged in India?
Lack of Witnesses: A valid will requires two witnesses under Section 63 of the Indian Succession Act, 1925. Their absence or questionable identity is concerning. Tampered Documents: Alterations, erased portions, or mismatched handwriting could signify forgery.
What happens if a will is not followed after death?
However, if you feel an executor is not satisfying the requirements of the will, and is actively defying the wishes of the deceased, there are steps you can take to have them removed. A probate court monitors the probate process, which means the probate court can also have an executor removed.
How long is a will valid after death in India?
The beneficiary in whose name the will is written gets an indefinite right to get it executed anytime after the death of the testator as the will remains valid for time immemorial. There is no expiry date in case of Will and no authority can enforce a restriction or limit on the time period of execution of will.
Who inherits property if no will in India?
Distribution Of Assets Under Intestate Succession
Spouses, children, parents, and siblings are typically considered primary beneficiaries, and their shares may vary based on factors such as gender, marital status, and the presence of other legal heirs.
What is the burden of proof for a forged will?
The burden of proof in a Will contest generally falls on the contestant. This means that the person who files the Will contest has the burden of proving that the Will is invalid.
What type of will Cannot be contested?
A trust does not pass through the court for the probate process and cannot be contested in most cases.
What percentage of will contests are successful?
Exact numbers regarding the success rate of will disputes are difficult to pinpoint. However, the most recent estimates indicate that the success rate hovers around 1%.
Which of the following could lead to a will being contested?
These interested persons can only challenge a will for valid grounds. For instance, one can contest a will for fraud, undue influence, lack of testamentary capacity, or availability of a later valid will.
Who can challenge a will in India?
Legal heirs: The legal heirs of the deceased person can challenge the will if they believe that the will is not valid or that their rightful share in the property has been compromised. Legal heirs include the spouse, children, and parents of the deceased person.
Who keeps the original copy of a will in India?
Who keeps the original copy of a will in India? In India, the testator (the person who made the will) can keep the original or give it to a trustee, lawyer, or in a bank locker.
What makes a will invalid in India?
Any part of a will that has been forced or induced to be made by force, coercion, or threat or whatever has not been drawn while writing a will with free consent is invalid and not enforceable by law.
Is there a time limit to claim inheritance in India?
One can claim their rights on the ancestral property till 12 years. The court may, however, accept and handle your request if there is a good foundation to postpone the claim. You must do this within 3 years of the sale period if you wish to initiate a legal lawsuit to prevent the sale of your ancestral property.
How do you prove undue influence in a will in India?
The High Court held that "undue influence, in order to invalidate a will, must amount to coercion or fraud. Its existence must be established as a fact and it must also appear that it was actually exercised on the testator."
Can my parents remove me from their will?
State laws may allow parents to disinherit one or more children when writing a will. There are different reasons why a child may be disinherited. For example, if parents disagree about a child's lifestyle choices, they may choose to leave them nothing in their will.
How to remove daughter from property in India?
So, the father cannot unilaterally disown his son/daughter from such property without a valid legal basis. Legal Disqualification: A son/daughter may be disqualified from inheritance in cases of proven misconduct, criminal activities against the family, or any other legal grounds as per the Hindu Succession Act.
Can a father sell his property without the consent of his son in India?
Self-Acquired Property: When the property is purchased by the father himself using his own funds. The father is considered to be a sole owner of the property and can sell the property without the son's consent.