The simple answer as to whether a Registered Will can be challenged or not is -YES, it can be challenged. Many people have an assumption, rather a misconception that once a will is registered before the sub-registrar, it can neither be changed nor can it be challenged. The said assumption is false.
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. There are various families who are dealing with matters relating to inheritance including Non-Resident Indians (NRIs) and Persons of Indian Origin, who are now settled abroad. It is therefore important for them to understand the intricacies of the process and how a registered will can be challenged in India, the timelines involved and steps to find a meaningful solution to the inheritance disputes.
Is registration of Will compulsorily / mandatory ?
No, a Will is not mandatorily required to be registered in India. Reference can be drawn to the judgement of the Hon’ble Supreme Court in the following case-
PARVATHI NAIRTHI (DEAD) AND ORS. Vs LAXMI NAIRTHY (DEAD) THROUGH LRS. AND ORS., decided on 21st May, 2026
6. ...”There is nothing in law which requires the registration of a will and wills are in a majority of cases not registered at all. To draw any inference against the genuineness of the will on the ground of its non-registration appears to us to be wholly unwarranted.”
What Does Registering a Will Actually Mean in India?
Registration of Will is a process of registering a Will before the Sub-Registrar Office, in terms of the Registration Act, 1908, wherein the Sub Registrar verifies the identity of the testator, identity of the witnesses, reviews the documents in support and accordingly records the document in official government records. There are various benefits of getting a Will registered, such as-
• Registration establishes a presumption as to the genuineness of a Will, considering the fact that it was executed before a public officer.
• When a will is registered, a copy of the same can be procured in the future from the government records as well, just in case the original will is lost, tampered or mutilated.
Registration does not certify that the will's contents are legally sound, nor does it confirm that the testator was of sound mind or free from undue influence at the time of signing.
Legal Grounds to Challenge a Registered Will in India
In terms of the Indian Succession Act, 1925 and Bharatiya Sakshya Adhiniyam, 2023, a will which is either registered or unregistered, can be contested or challenged in a court of law on the following grounds, such as-
1.Unsoundness of mind: If the testator at the time of executing the Will was of unsound mind, in such a case the Will can be challenged.
2.Fraud: If the will was created through fraud, or by forging signatures of the testator, or a document was forged, in such a case the Will can be challenged. The Supreme Court in the matter of PARVATHI NAIRTHI (DEAD) AND ORS. Vs LAXMI NAIRTHY (DEAD) THROUGH LRS. AND ORS., decided on 21st May, 2026, while following the precedents laid down by the SC in previous judgements, deduced the following principle-
“10.10 One who alleges fraud, fabrication, undue influence et cetera has to prove the same. However, even in the absence of such allegations, if there are circumstances giving rise to doubt, then it becomes the duty of the propounder to dispel such suspicious circumstances by giving a cogent and convincing explanation.”
3.Undue influence or coercion: If the testator was coerced, or pressurised in any manner, given any threats, or influenced into signing the will, the Will can be challenged on such ground.
4.Improper execution: If the will was not signed in accordance with the provisions of law, which requires that the Will is executed by the testator, and witnessed by at least two witnesses who saw the testator sign the will. In such a case, the Will can be challenged.
Is Probate Necessary for a Registered Will?
Following the Repealing and Amending Act of 2025, a probate of a Will is now not mandatory in India. Before December 2025, it was mandatory for a Will to be probated, if the same was executed in the jurisdiction of the local limits in the erstwhile Presidency towns of Kolkata, Chennai, or Mumbai.
However, even though probate is not mandatory now, the banks, financial institutions, companies and other authorities, may still require a probate order or a Letters of administration from the court concerned, as a part of their due-diligence process. The executors and beneficiaries in such a case, may have to approach the courts and obtain the same, to process the transfer of funds, shares, etc. to avoid future disputes.
Does a Registered Will Need to Be Proved in Court?
Yes. Whether a Will is registered or unregistered, the same is required to be proved in Court in the event of a contest in terms of the relevant provisions of the Evidence Act, 1872 (Bhartiya Sakshya Adhiniyam, 2023). The provision of law requires that at-least one of the attesting witness to the Will shall appear before the Court to prove its execution.
Registration of a Will merely creates a presumption of its genuineness since it was executed before a Sub-Registrar/Government Authority rather authenticating it. The same can be contested to by the aggrieved as stated above. The said registration does not by itself authenticates the sound mental state of the testator nor does it proves the contents, fairness and the element of coercion of the document.
Who Can Challenge a Will, and Within What Timeframe?
A will can generally be challenged by:
• Legal heirs
• Beneficiaries
• Any person with a direct legal interest in the estate
Step-by-Step: How to challenge a Will ?
a) Filing a Suit- for Cancellation of the Will or a suit for declaration seeking directions from the court to declare the Will null and void.
b) Filing objections in a pending probate petition or a civil suit: In case the executor or the beneficiary of the Will has filed a probate petition; a party disputing the will may file objections within those very proceedings or a separate civil suit as stated above thereby challenging its validity.
c) Examination/Cross examination of witnesses: This is one of the most crucial stage of the proceedings wherein the witnesses of either side depose before the Court on oath and thereafter the cross examination of the witnesses is conducted including the attesting witnesses. In this very stage all the relevant documents relied upon by either side are exhibited.
d) Burden of proof: The person propounding the will must prove its due execution. However where there is a contest to the Will, then the person objecting or raising a doubt on the said Will must prove the said contention.
e) Final Arguments: after the examination/cross examination of the witnesses stand concluded, the final arguments from both the sides are conducted.
f) Court judgment: The court after taking into consideration all the material available on record including the statement of witnesses either authenticates the Will or declares it to be null and void.
How NRIs Can Challenge or Defend a Will From Abroad
Disputes arising out of a Will are common for Non-Resident Indians or Foreign Nationals of Indian Origin, specially wherein the family of such individuals still reside and pass away in India. The most common challenge faced by an NRI in such regard is their want of physical presence by the court in India, to pursue the case. The following steps can be taken by an NRI that can help them manage the process remotely, or with minimum presence in India-
• Execute a Power of Attorney: An NRI can execute a POA in favour of a relative or an acquaintance in India, authorising them to manage the case on their behalf. It is advisable to execute a Special Power of Attorney, commonly known as SPA, which provides limited authority to the POA holder and thus minimises the chances of misuse. An SPA executed abroad ideally needs to be notarised and, in many cases, attested by the Indian Embassy or Consulate in that country, or apostilled depending on the country involved.
• Court Appearance through Video Conferencing: In the modern era, most Indian courts have started permitting the parties to appear through video conferencing, under exceptional circumstances. In some cases, an application is required to be moved before the court hearing, seeking permission to appear through VC, which, if allowed, can make things easy, thereby reducing the need for repeated travel.
• Signing of documents remotely: If the individual is residing abroad, and has not executed a Power of Attorney, their legal counsel in India can transmit the documents such as Affidavits, evidence, petition etc. electronically and then they can sign it, notarise it and send through courier to India, which can accordingly be filed by the Indian lawyer here in India, on the client’s behalf.
Conclusion
Wills and Inheritance disputes are increasing with time and have a strong bearing on the parties involved as it generally involves families inter se, lengthy timelines, and, for NRIs, the added complexity of managing a case from a different country and different time zone. Whether the objective is to challenge a will believed to be invalid or to defend a will against an unfounded claim, understanding the grounds, timelines, and procedural steps involved is essential before taking action. For guidance specific to a particular estate or dispute, a consultation with an advocate experienced in Wills, succession and probate matters is recommended.
