What Are the Grounds for Challenging a Will in India?

A Will can be challenged in India on multiple grounds including fraud, undue influence, coercion, lack of testamentary capacity, forgery, and lack of due execution under Section 63 of the Indian Succession Act, 1925, which states the rules for execution of a Will as below-

a) The testator should sign/affix his mark to the Will.

b) The testator can direct someone else to sign the Will on his behalf in his presence.

c) The signature/mark of the testator, or of the other person (signing on testator’s behalf) should be placed in a manner that it was intended to give effect to the writing as a Will.

d) The Will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the Will or has seen some other person sign the Will.

Mere suspicion or family disagreement is not sufficient enough to dispute the Will.  

What Are the Legal Grounds on Which a Will Can Be Challenged?

Under Indian succession law, a Will can be challenged on the following grounds-

1.  Lack of testamentary capacity

A Will can be challenged if the testator lacked testamentary capacity to execute a Will, for example if the testator while executing the Will was a minor, of unsound mind, or otherwise incapable of understanding the nature and effect of the document.

2.  Fraud

A Will can be challenged if the testator was not aware of the true contents or nature of the document.

3.  Coercion

This refers to any form of physical force used to take the signature of the testator against his/her will.

4. Undue influence

A will may be challenged on the ground of undue influence if the circumstances point towards any kind of influence whether emotional, position of dominance  etc.

5.  Forgery

Challenging the will on the ground of forgery would mean that the signature appearing on the will itself are not genuine and are rather affixed by someone else other than the testator.

6.  Suspicious circumstances

A suspicious circumstance is not a substitute for proof and cannot be invented merely because a Will departs from intestate succession. The Court must identify circumstances arising from the document or evidence which legitimately call for explanation. Once such circumstances exist, they must be considered cumulatively, and the propounder must remove the resulting doubt by cogent evidence.

The Supreme Court in Bharpur Singh V Shamsher Singh (2009) 3 SCC 687, identifies relevant illustrations and states their legal effect. The complete relevant paragraphs are:

“23. Suspicious circumstances like the following may be found to be surrounded in the execution of the Will:

(i) the signature of the testator may be very shaky and doubtful or not appear to be his usual signature

(ii) the condition of the testator's mind may be very feeble and debilitated at the relevant time

(iii) the disposition may be unnatural, improbable or unfair in the light of relevant circumstances like exclusion of or absence of adequate provisions for the natural heirs without any reason.

(iv) the dispositions may not appear to be the result of the testator's free will and mind

(v) the propounder takes a prominent part in the execution of the Will.

(vi) the testator used to sign blank papers.

(vii) the Will did not see the light of the day for long.

(viii) incorrect recitals of essential facts.”

“24. The circumstances narrated hereinbefore are not exhaustive. Subject to offer of reasonable explanation, existence thereof must be taken into consideration for the purpose of arriving at a finding as to whether the execution of the Will had duly been proved or not. It may be true that the Will was a registered one, but the same by itself would not mean that the statutory requirements of proving the Will need not be complied with.”

7.  Lack of due execution

A will must conform to the legal requirements to be a valid one. A will not legally sound in terms of the mandate of law can be challenged on that ground itself. For instance  a will not attested by atleaast two attesting witnesses does not fulfil the mandate in terms of Section 63 of the Indian Succession Act, 1925.

8.  Lack of knowledge and approval

The said ground arises where the testator despite having signed the will, was not aware of its contents. This might arise in a situation where the will is drafted by the beneficiary itself, or the same is drafted in language with which the testator was not conversant.

9.  Revocation

A will after it execution may be revoked by the testator during his/her life. A will revoked whether in writing or orally does not stand the test of a  valid will and can be subjected to challenge.

Can a Registered Will Be Challenged?

Yes, even a registered will can be challenged in India. Registration only makes a “presumption” as to the genuineness of the Will, and hence makes it slightly difficult for the person disputing it to challenge a registered document. Getting a document registered before the office of the sub-registrar as per the Registration Act, 1908 only registers that a document was presented and signed before the Sub-Registrar. The Sub-registrar does not certify that the testator had the mental capacity to execute the Will, or if there was any fraud, coercion etc. upon the testator while executing the Will.

It is a common misconception that once a Will is registered, it cannot be challenged. The validity or genuineness of a registered Will can be questioned in the same manner as of an unregistered Will. Registration merely provides evidentiary weight and makes the document harder to deny, which can be challenged and proved with cogent evidence.

Is an Unregistered Will Valid in India?

Yes, an unregistered will is valid in India and is as good as a registered Will as both of them requires the scrutiny as per law. The only advantage that a registered Will holds is the advantage of presumption of genuineness. The Supreme Court in Metapalli Lasum Bai v Metapalli Muthaih (21 July 2025) reaffirmed that a Will, if registered, carries a presumption of genuineness. The burden to prove otherwise lies on the party challenging the Will, who must demonstrate that it was not executed properly or that suspicious circumstances cast doubt on its validity.

It is therefore absolutely a discretion of the testator as to whether he/she wants to register their Will or not. The Indian law does not make registration mandatory for a Will's legal validity as long as it satisfies the requirements stated in Section 63 of the Indian Succession Act 1925.

In Janki Narayan Bhoir v Narayan Namdeo Kadam (2003) 2 SCC 91, the Supreme Court further held that due execution cannot be established merely by proving the testator’s signature, but proper attestation must also be proved. Although Section 68 permits the examination of only one attesting witness, the witness so examined must be capable of proving the complete statutory execution of the Will, including attestation by both witnesses in the manner contemplated by Section 63(c) of the Indian Succession Act. The decisive part of the ruling is:

“10. But what is significant and to be noted is that one attesting witness examined should be in a position to prove the execution of a will. To put in other words, if one attesting witness can prove execution of the will in terms of clause (c) of Section 63 viz. attestation by two attesting witnesses in the manner contemplated therein, the examination of the other attesting witness can be dispensed with. The one attesting witness examined, in his evidence has to satisfy the attestation of a will by him and the other attesting witness in order to prove there was due execution of the will. If the attesting witness examined besides his attestation does not, in his evidence, satisfy the requirements of attestation of the will by the other witness also it falls short of attestation of will at least by two witnesses for the simple reason that the execution of the will does not merely mean the signing of it by the testator but it means fulfilling and proof of all the formalities required under Section 63 of the Succession Act...” (emphasis added)

How Is Genuineness Of a Will Proved ?

The Supreme Court in Pazhanathal (D) Thr. Lrs vs Alamathal (D) Thr.Lrs on 13 August, 2026 held that due execution and attestation of a Will must be proved under Section 63(c) of the Succession Act and Sections 68 or 69 of the Evidence Act. The governing principles were stated in H Venkatachala Iyengar v B.N Thimmajamma AIR 1959 SC 443 and the relevant paragraph reads as follows:

“19. However, there is one important feature which distinguishes Wills from other documents. Unlike other documents the Will speaks from the death of the testator, and so, when it is propounded or produced before a Court, the testator who has already departed the world cannot say whether it is his Will or not; and this aspect naturally introduces an element of solemnity in the decision of the question as to whether the document propounded is proved to be the last Will and testament of the departed testator. Even so, in dealing with the proof of Wills the Court will start on the same enquiry as in the case of the proof of documents. The propounder would be called upon to show by satisfactory evidence that the Will was signed by the testator, that the testator at the relevant time was in a sound and disposing state of mind, that he understood the nature and effect of the dispositions and put his signature to the document of his own free will. Ordinarily when the evidence adduced in support of the Will is disinterested, satisfactory and sufficient to prove the sound and disposing state of the testator’s mind and his signature as required by law, Courts would be justified in making a finding in favour of the propounder. In other words, the onus on the propounder can be taken to be discharged on proof of the essential facts just indicated.”

On Whom Does The Onus Of Proving The Will Lies?

In N. Kamalam v. Ayyasmy (2001) 7 SCC 503, the Supreme Court explained the burden resting upon the propounder. The relevant paragraph reads:

“3. Turning on to the former expression onus probandi, it is now a fairly well-settled principle that the same lies in every case upon the party propounding the will and may satisfy the court’s conscience that the instrument as propounded is the last will of a free and capable testator, meaning thereby obviously, that the testator at the time when he subscribed his signature on to the will had a sound and disposing state of mind and memory and ordinarily, however, the onus is discharged as regards the due execution of the will if the propounder leads evidence to show that the will bears the signature and mark of the testator and that the will is duly attested. This attestation however, shall have to be in accordance with Section 68 of the Evidence Act which requires that if a document is required by law to be attested, it shall not be used as evidence until at least one attesting witness has been called for the purpose of proving its execution and the same is so however, in the event of there being an attesting witness alive and capable of giving the evidence. The law is also equally well settled that in the event of there being circumstances surrounding the execution of the will shrouded in suspicion, it is the duty paramount on the part of the propounder to remove that suspicion by leading satisfactory evidence.”

Does a Registered Will Need Not Be Proved in Court?

It is a common misconception that a registered will need not be proved in Indian courts. However, the Indian law requires every Will, registered or not, to be proved through at least one attesting witness under Section 68 of the Indian Evidence Act, 1872.

Who Can Challenge a Will in India?

Only a person with a legitimate legal interest in the deceased's estate such as a legal heir who would inherit in the absence of the Will or a beneficiary under an earlier Will or a subsequent Will, would answer such a question of who can challenge a will in India. A stranger with no stake in the estate cannot object.

What Is the Time Limit to Challenge a Will in India?

There is no fixed limitation period to challenge a Will's validity within a probate or succession proceeding itself, but once a grant of probate or letters of administration is made, the time limit to challenge a will in India is generally treated as up to three years under the residuary provisions of the Limitation Act, 1963.

What Is the Process to Formally Contest a Will in Court?

A Will in Indian court may be challenged at the instance of the person aggrieved by the Will or in the proceedings already pending before a court having been instituted by the alleged beneficiary of the Will in question. Once a person aggrieved by a Will comes to know of its existence after the death of the testator then the said person would be in a position of challenging a Will by filing a suit for cancellation of the will/seeking a declaration of the Will as null and void.

On the other hand, a Will may be challenged in the pending proceedings instituted by the alleged beneficiary of the Will in question by setting up a defence by way of written statement /objections in the event the objector is impleaded as party in the pending proceedings. However, if the objector for whatever reasons is not impleaded in the proceedings by the alleged beneficiary, then the person aggrieved can file an application in the said proceedings putting forth his locus, interest in the subject property/estate and seek impleadment in the pending proceedings. Once the person aggrieved by the Will is impleaded as a party in the proceedings, then the said aggrieved may raise further contentions and challenge the Will on such grounds available with him by filing reply/ written statements/ objections.

While challenging a Will, one of the most crucial aspects is to safeguard the estate involved from being alienated. For this, any party having any  right, title or interest  in the subject property may move an interim application before the court seeking a restraint order against the alleged beneficiary from creating any third party interest/ alienation of the subject property. The said aspect is very crucial since if during the pendency of the proceedings, the subject property is alienated by any party, then the challenge/defence becomes redundant and the parties may be thrown into multiple litigation arising from such transfer.

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