Contest a Will

वसीयत विवाद एक प्रकार की याचिका है जिसमें मृत व्यक्ति की वसीयत की वैधता की जांच की जाती है । वसीयत विवाद एक अदालती कार्यवाही के हिस्से के रूप में दायर किया जाता है। शायद वसीयत में वह नहीं दर्शाया गया हो जो मृत व्यक्ति के परिवार को उनकी अंतिम इच्छाओं के बारे में पता था।

This may be shown with evidence of dementia, insanity, intoxication, and other forms of incapacity. Simply put, testators must have the ability to fully and lucidly understand the consequences of their will. In general, the testator should understand: The extent and value of their estate.

Contesting a will in India means legally challenging its validity in court on grounds such as fraud, undue influence, lack of testamentary capacity, or improper execution under the Indian Succession Act, 1925.

Legal heirs (spouse, children, parents), beneficiaries under a previous will, creditors, or any person with a legitimate interest in the deceased’s estate can contest a will in India.

A will can be contested in India if there is lack of testamentary capacity, undue influence, fraud, forgery, improper execution, or existence of multiple wills.

To prove a will is invalid, you need to provide evidence such as medical records of the testator’s mental condition, handwriting analysis for forgery, witness statements, or proof of undue influence.

The process includes:

1. Filing a caveat petition in court if a probate petition has been submitted.

2. Gathering evidence such as medical reports, witness testimonies, or handwriting analysis.

3. Presenting arguments before the court.

4. Awaiting the court’s final judgment on the will’s validity.

Under the Limitation Act, 1963, a will can be contested within 12 years from the time the right to challenge arises. In probate cases, objections should be raised as soon as notice is served.

Yes, a registered will can still be challenged if it is proven that it was made under coercion, fraud, undue influence, or if the testator lacked mental capacity at the time of making the will.

If a will is declared invalid, the deceased’s estate is either distributed based on an earlier valid will (if available) or under intestate succession laws as per the Hindu Succession Act, 1956 or Indian Succession Act, 1925, depending on the religion of the deceased.

Yes, a legal heir can be excluded, but if a close heir (such as a child or spouse) is omitted without a valid reason, they may contest the will on the grounds of undue influence or lack of testamentary capacity.

Key documents include:

• A copy of the disputed will

• The deceased’s death certificate

• Medical records proving lack of mental capacity (if applicable)

• Witness statements

• Any previous wills to show contradictions