Answer By law4u team
Yes, a will can be challenged in court in India, even if it appears to be valid on the surface. Although wills are legal documents meant to reflect the wishes of a person after their death, Indian law permits certain individuals to contest a will on specific legal grounds if they believe it is invalid or unfair. Who Can Challenge a Will? A will can generally be challenged by: Legal heirs (children, spouse, parents, etc.) who have been excluded or treated unfairly. Anyone who has a direct interest in the property or is affected by the will. In some cases, even a person named in an earlier will (if one exists). Grounds on Which a Will Can Be Challenged: 1. Lack of Testamentary Capacity If the person making the will (testator) was not of sound mind at the time of execution (due to illness, intoxication, or mental incapacity), the will can be contested. 2. Undue Influence or Coercion If the testator was forced, manipulated, or pressured by someone (usually a caregiver or close relative) into writing the will in a certain way. 3. Fraud or Forgery If the will is forged, tampered with, or signed through fraudulent means. 4. Improper Execution A will must be: Signed by the testator. Attested by at least two witnesses who saw the testator sign. If these formalities are not followed, the will can be declared invalid. 5. Suspicion or Contradictions If there are suspicious circumstances, such as: Major exclusion of close heirs without reason. Unnatural distribution of property. Handwritten changes or multiple versions of the will. 6. Revocation of Will If a newer will exists, or if the will was revoked or destroyed by the testator before death, the earlier will can be challenged. How to Challenge a Will: The interested party must file a civil suit in a competent court. Usually done in a probate proceeding, where the court verifies the authenticity of the will. The burden of proof lies on the person challenging the will. Time Limit: Under Indian law, a will can typically be challenged within 3 years from the date the challenger first becomes aware of it. In some cases, courts may condone delay if justified. Summary: Yes, a will can be challenged in Indian courts if there are valid legal grounds such as fraud, coercion, lack of mental capacity, or improper execution. The law allows legal heirs or interested parties to contest a will, and courts examine such cases carefully to uphold fairness and the genuine intent of the deceased.
