Can a will be challenged after the testator's death?

What the Law Says

The Indian Succession Act, 1925 governs the validity, execution, and challenge of wills in India. It sets out who can make a will, how it must be executed, and the legal grounds on which it may be contested after death.

A will is a legal declaration by which a person (the testator) disposes of their property to take effect after their death. Under Indian law, it is not mandatory to register a will, but registration under the Indian Registration Act, 1908 adds evidentiary weight.

To be valid, a will must comply with Section 63 of the Indian Succession Act, 1925: it must be signed by the testator (or by someone in their presence and by their direction), and attested by two or more witnesses who saw the testator sign or acknowledge the signature.

Section 59 specifies that only a person of sound mind and not a minor can make a will. A will made under coercion, fraud, or undue influence is voidable. Section 62 allows revocation or alteration of a will at any time before death.

Challenges to a will are filed as a 'testamentary suit' in a civil court having jurisdiction. Probate — a court-certified copy of the will — is mandatory for executors to administer immovable property in certain states (e.g., Mumbai, Chennai, Kolkata) under Section 213.

Statutory Text

No person shall be capable of making a will who is, by reason of unsoundness of mind, incapable of knowing what he is doing.

— Indian Succession Act, 1925, s. 59 — Who may execute a will

Statutory Text

Every will shall be executed as follows:— (a) it shall be signed by the testator…; (b) the signature shall be made… in the presence of two or more witnesses…

— Indian Succession Act, 1925, s. 63 — Execution of unprivileged wills

Statutory Text

No right to probate… shall be established… unless the will is proved in the manner provided by this Act.

— Indian Succession Act, 1925, s. 213 — Effect of probate

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