How to Challenge a Will in India: Grounds, Process and Time Limit

Challenging a will in India is possible, but it is not easy, because the law presumes that a will reflects the genuine last wishes of the person who made it. A legal heir or interested person who believes a will is forged, was made under pressure, or does not meet the legal requirements can contest it, but must establish specific grounds before a court. This guide explains those grounds, who can challenge a will, where the case is filed, and how long you have to act.

A will is a serious document, and the starting point for any challenge is to understand what makes a will valid, so that you can show where this particular will falls short.

Who Can Challenge a Will

A will can be challenged by a person who has an interest in the estate and who would be affected if the will stands. This typically means the legal heirs who would have inherited under intestate succession, or beneficiaries under an earlier will, or anyone with a genuine claim to the property.

A stranger with no legal interest in the estate cannot challenge a will merely because they disapprove of it. The challenger must show how they are prejudiced by the will being given effect.

Grounds to Challenge a Will

The recognised grounds flow mainly from the Indian Succession Act 1925. First, lack of testamentary capacity under Section 59: the maker must be of sound mind and not a minor, so a will made by a person who did not understand what they were doing can be challenged. Second, improper execution under Section 63: a will must be signed by the testator and attested by two witnesses, and a will that is not executed and attested properly is open to challenge.

Third, fraud, coercion or undue influence under Section 61, which provides that a will obtained by fraud or coercion, or by importunity that takes away the testator's free agency, is void. Forgery and fabrication are also clear grounds. To see how these requirements operate in practice, our guide on how to make a valid will in India is a useful reference point.

Suspicious Circumstances and the Burden of Proof

Indian courts apply a special rule where a will is surrounded by suspicious circumstances, such as a frail testator, an unnatural exclusion of close heirs, a beneficiary who took an active part in preparing the will, or shaky signatures. In these situations, the burden shifts to the person propounding the will to dispel the suspicion and satisfy the court that the will is genuine.

The Supreme Court has long held that the propounder must remove all reasonable doubt before a will can be accepted. At the same time, courts will not strike down a will on flimsy grounds. The Gujarat High Court recently confirmed that the scribe's attestation is not required to prove a valid will, a reminder that technical objections alone will not succeed.

Where and How to File

A will is usually contested in one of two ways. If the executor or a beneficiary files for probate or letters of administration, the heirs who object can enter a caveat and contest that petition, which then becomes a contentious proceeding. Alternatively, where probate is not being sought, an interested person can file a civil suit seeking a declaration that the will is invalid.

The challenger must plead the specific grounds, such as forgery or undue influence, and lead evidence. Because these cases turn on documents, handwriting and witness testimony, they are often hard fought, and keeping track of the proceeding is important. Our guide on how to check court case status online helps with that.

Time Limit to Challenge a Will

There is no single, simple limitation period that fits every will challenge, because the period depends on the nature of the relief sought. As a general rule under the Limitation Act 1963, a suit must be filed within the prescribed period from when the right to sue accrues, which is often counted from the testator's death or from when the challenger learns of the will or of the fraud.

For the specific question of revoking a grant of probate, the Supreme Court has held that the revocation of probate is governed by Article 137 of the Limitation Act, which prescribes three years from when the right to apply accrues. Because the limitation analysis is fact specific, it is wise to act promptly rather than assume a long period is available.

Related Reading

For the inheritance rules that apply if a will is set aside, see What Happens If You Die Without a Will in India.

For collecting the assets of the estate, read How to Obtain a Succession Certificate in India: Process and Documents.

Key Takeaways

A will can be challenged by an interested person on grounds such as lack of testamentary capacity (Section 59), improper execution (Section 63), and fraud, coercion or undue influence (Section 61) of the Indian Succession Act 1925, as well as forgery.

Where suspicious circumstances exist, the person propounding the will must dispel them. Challenges are made by contesting a probate petition or by a civil suit, and the limitation period is fact specific, so prompt action is important.