Can You Challenge a Will? Grounds for Contesting Under Hindu Law

A Will Just Arrived — and Something Feels Wrong

Imagine this: your mother passed away three months ago. You were her primary caregiver for years. Then, one day, a cousin you barely know walks in with a will — signed just two weeks before her death — leaving almost everything to him. Your mother could barely recognise faces in her last days. Something about this will does not feel right.

Or consider another situation: your father left a will you have seen before. Now a different version of the will has appeared, with different signatures and a different date. Your siblings insist it is genuine. You are not so sure.

In both situations, you have legal options. Indian law allows a person to challenge a will — but only on certain specific grounds. You cannot simply object because you are unhappy with what you received. The law is careful here, and courts take will disputes seriously. This article explains, in plain terms, when you can legally challenge a will, how the burden of proof works, and what steps to take.

What Does It Mean to Challenge a Will?

A will is a legal document in which a person (called the testator) states how they want their property distributed after death. Under the Indian Succession Act 1925, which governs testamentary succession for Hindus, Christians, Parsis and others, a will must be in writing, signed by the testator, and attested by at least two witnesses.

Challenging a will means going to court and arguing that the will should not be given legal effect — either because it was not properly made, or because something dishonest or coercive happened when it was made.

Courts in India have consistently held that "the conscience of the court must be satisfied that the will in question was not only executed and attested in the manner required under the Indian Succession Act 1925 but it must also be found that the said will was the product of the free volition of the executant who had voluntarily executed the same after knowing and understanding the contents of the will." (Gurdial Kaur v Kartar Kaur (1998) 3 SCC 384)

There are four main legal grounds on which a will can be challenged in India:

1. Unsound mind or lack of testamentary capacity
2. Fraud or forgery
3. Undue influence or coercion
4. Suspicious circumstances surrounding execution

Each is explained below, with the case law that courts actually rely on.

Ground 1: The Testator Was of Unsound Mind

The law says clearly: only a person of sound mind can make a valid will. The Indian Succession Act 1925 requires that the testator know what they are doing when they sign the will — they must understand that they are making a will, know roughly what property they have, and be able to think about who should receive it.

No person can make a will "while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing." (Nabagopal Sarkar Bahadur v Sarala Bala Mitter AIR 1933 Cal 574)

This ground is relevant when:

• The testator had advanced dementia, Alzheimer's, or severe mental illness at the time of signing
• The testator was heavily sedated after surgery or terminal illness
• The testator was in an unconscious or semi-conscious state
• Medical records show the person could not have understood the nature of a legal document

However, the law also says that persons with disabilities — including persons who are deaf and dumb or blind — as well as insane persons during lucid intervals can make valid wills, if they understand the implications of their actions. (Kishan Singh v Nichbatar Singh AIR 1983 P&H 373) So you cannot challenge a will merely because the testator was elderly or ill. You must show that on the specific day of execution, they lacked the mental capacity to understand what they were signing.

Who must prove unsound mind?

The law presumes sanity. This means if the will appears regular on its face and no one challenges it, the court will assume the testator was sane. Where reasonable grounds exist for disputing the sanity of the testator, "the onus of proof will lie on the propounder, that the testator was of sound mind at the time of execution of the will." (Billeswar Kumar v Nirupama Debi AIR 1973 Cal 460) In other words: if you raise a reasonable doubt about mental capacity, the person trying to enforce the will must then prove the testator was sane when they signed.

Ground 2: Fraud or Forgery

A will obtained by fraud is void. The Indian Succession Act 1925 is explicit: a will "secured by fraud" is rendered void. (Sarat Kumari Bibi v Rai Sakhi Chand Bahadur AIR 1929 PC 45)

Fraud in the context of a will includes situations like:

• Falsely telling the testator that their child is dead in order to make them exclude that child from the will
• Deceiving the testator into signing a document without understanding it is a will
• Fabricating the entire will after the testator's death — i.e., forgery

Forgery is perhaps the most serious ground of all. A forged will is not a will at all — it is a criminal document. Courts treat it differently from other vitiating factors. As the Supreme Court held in Bharpur Singh v Shamsher Singh (2009) 3 SCC 687, AIR 2009 SC 1766: "A plea of forgery, on the other hand, cuts at the root of execution itself and ought not be seen at par with plea of vitiating circumstances, and hence, the burden in such a case shall always be on the propounder of a will."

This is significant. When you allege forgery, the person presenting the will must prove it is genuine — the burden never shifts to you to prove it is fake. Courts may appoint a handwriting expert to compare signatures. (State (Delhi Administration) v Pali Ram AIR 1979 SC 14)

Importantly, if a probate has already been granted on a forged will, you can apply for revocation of that probate. The Supreme Court has confirmed this: where the ground is that the will was forged, "the question whether or not the will was forged will be the only one to be canvassed before the court before the order of revocation may be made." (Anil Behari Ghosh v Latika Bala Dassi AIR 1955 SC 566)

Note also that registration of a will does not automatically remove all suspicion. "Registration of the will shall not by itself be sufficient to dispel all suspicion where suspicion exists, without submitting the evidence of registration to a close examination." (Rani Purnima Debi v Kumar Khagedra Narayan Deb AIR 1962 SC 567)

Ground 3: Undue Influence or Coercion

Undue influence means that someone put so much pressure on the testator that the testator could no longer act as a free person. A will made under undue influence is void under the Indian Succession Act 1925. (Surendra Pal v Saraswati Arora (Dr) (1972) SCC 600)

Common situations include:

• A caregiver who controlled all the testator's movement and communication, isolating them from family
• A family member who threatened the testator financially or emotionally
• A situation where the testator was physically too weak to resist

"If A, being in so feeble a state of health as to be unable to resist importunity, is pressed by B to make a will of a certain purport and does so merely to purchase peace and in submission to B, the will is invalid." — Indian Succession Act 1925, Illustration 6

The law draws an important distinction between genuine persuasion and unlawful pressure. Merely advising, flattering, or persistently requesting a testator does not amount to undue influence, as long as the testator still exercises their own judgment. "A, with a view to obtaining a legacy from B, pays him attention and flatters him... B, in consequence of such attention and flattery, makes his will... The bequest is not rendered invalid by the attention and flattery of A." (Indian Succession Act 1925, Illustration)

What is required to be proved is not undue influence in the technical contract-law sense, but "such importunity as takes away the free agency of the testator." (Baldeo Singh v Achai Singh AIR 1948 Oudh 165)

Where a legatee (the person who benefits from the will) occupies a fiduciary or position of trust over the testator, courts presume undue influence. "The presumption shall be raised in every case where the executant is old and infirm and the burden cast on the propounder in such cases is the same as applied in cases of transactions of Pardanashin women." (Krishna Mohan Kul v Pratima Maity (2004) 9 SCC 468)

For inheritance disputes that arise alongside will challenges, understanding the full picture of who the legal heirs are becomes equally important.

Ground 4: Suspicious Circumstances

Even when fraud or undue influence cannot be directly proved, courts may refuse to uphold a will if it is surrounded by suspicious circumstances. The Supreme Court laid down the key test in H Venkatachala Iyengar v BN Thimmajamma AIR 1959 SC 443, identifying a list of factors that may make a will suspicious:

1. Shaky or unusual handwriting or signature
2. A feeble or debilitated mental condition at the time of execution
3. An unnatural disposition — for example, completely excluding close family members without reason
4. The propounder (the person presenting the will) played an active role in getting the will made or signed
5. Incorrect or false information about relatives in the will
6. The exclusion of natural heirs without any stated reason
7. A literate testator affixing a thumb impression instead of a signature

Each of these alone may not be enough. But together, suspicious circumstances can require the person presenting the will to give much more explanation. "Whenever there is any suspicious circumstance, the obligation is cast on the propounder of the will to dispel the suspicious circumstances." (Gurdial Kaur v Kartar Kaur (1998) 3 SCC 384)

Importantly: "The duty of the court is not to start with suspicion but to get at the truth." (Adivekka v Hanamavva Kom Venkatesh (2007) 7 SCC 91)

Courts have also made clear that "although a will is written invariably to alter the rules of the normal line of succession, if an heir is disinherited without valid reasons, it becomes serious enough to invite an adverse finding about its truth." (Vrindavanibai Sambhaji Mane v Ramachandra Vithal Ganeshkar AIR 1995 SC 2086)

And even suspicious circumstances alone do not necessarily invalidate a will — what they do is require the propounder to provide a satisfactory explanation. "Even the existence of suspicious circumstances may not lead to an inference that the will was invalid in law, but would certainly be a relevant factor to arrive at a finding that the will was not executed by the testator in a sound and disposing state of mind." (Shanti Devi v Daropti Devi 2007 (2) AWC 1153 (SC))

Who Carries the Burden of Proof?

This is one of the most important practical questions in any will dispute. Here is how it works:

Step 1 — Basic proof: The person presenting the will (the "propounder") must first prove that the will was properly executed — right signatures, right witnesses, the testator was an adult, and so on.

Step 2 — Suspicious circumstances or forgery: Once those basics are proved, if you have raised suspicious circumstances, the propounder must explain them satisfactorily. The Supreme Court in B Venkatamuni v CJ Ayodhya Ram Singh (2006) 13 SCC 449 confirmed that compliance with legal formalities alone is not enough — suspicious circumstances surrounding execution are equally significant.

Step 3 — Vitiating circumstances (fraud, coercion, undue influence): These are different. The Indian Evidence Act 1872 places the burden of proving fraud or undue influence on the person who alleges it. "Vitiating circumstances, such as fraud, coercion, undue influence, and the like are special rules of evidence and the Indian Evidence Act 1872 places the burden of substantiating such a plea on the party who sets it up." (Bharpur Singh v Shamsher Singh (2009) 3 SCC 687)

Step 4 — Forgery is different again: When you specifically allege forgery, the propounder must always prove genuineness. The burden never shifts to you. (Bharpur Singh v Shamsher Singh (2009) 3 SCC 687)

Also remember: general, vague allegations are not enough. "General allegations, however strong the words may be, are insufficient to amount to an averment of fraud of which any court ought to take notice." (Bal Gangadhar Tilak v Shrinivas Pandit AIR 1915 PC 7) You need specific facts and supporting evidence.

If you are also exploring whether you have rights to property under wills and succession law more broadly, it helps to understand how the Indian Succession Act interacts with the Hindu Succession Act.

What Should I Actually Do Now?

1. Obtain a copy of the will — Ask the executor or the person presenting the will for a copy. You have a right to see it if you are an interested party.
2. Check if probate has been applied for — In some states (Bombay, Madras, Calcutta and certain areas), probate is compulsory. If a probate petition has been filed, you can file a caveat opposing it at the District Court or High Court.
3. File a caveat before probate is granted — A caveat prevents the court from granting probate without notifying you and hearing your objection. Act quickly — probate can be granted if no caveat is filed.
4. Gather evidence for your ground of challenge — Medical records showing mental incapacity, handwriting expert opinions for forgery, witness statements for undue influence. Collect whatever is relevant to your specific ground.
5. Check the limitation period — Article 137 of the Limitation Act applies to revocation of probate applications. (Kunvarjeet Singh Khandpur v Kirandeep Kaur (2008) 8 SCC 463) Do not delay.
6. Identify who has locus standi — You can challenge a will or apply for revocation of probate if you are an heir, a beneficiary under a previous will, a creditor, or someone whose rights are affected. (Basanti Devi v Ravi Prakash Ram Prasad Jaiswal (2008) 1 SCC 267)
7. Consult a lawyer early — Will contests involve strict procedural timelines. A lawyer who handles family law and succession matters can help you assess the strength of your case before you commit resources to litigation.
8. Prepare for revocation proceedings if probate is already granted — Even after probate is granted, it can be revoked for fraud, concealment, or forgery. (Crystal Developers v Asha Lata Ghosh AIR 2004 SC 4980, (2005) 9 SCC 375)

If you are already dealing with a family inheritance dispute and need to understand the process, the team at Pinaka Legal handles will contests, probate proceedings, and succession disputes — and can help you understand whether your case has a strong footing before you proceed.

What the Court Actually Looks At

When you bring a will challenge to court, here is what the judge will typically examine:

• Was the will properly signed and attested by two witnesses?
• Did the testator have the mental capacity to make a will on that specific day?
• Was the testator acting freely, without pressure or deception?
• Are there any suspicious features — unusual signatures, unexplained exclusions, or the propounder's heavy involvement in creating the will?
• Does the will match the testator's known wishes and prior statements?

Courts are guided by one overriding principle: "The conscience of the court must be satisfied that the will in question... was the product of the free volition of the executant who had voluntarily executed the same after knowing and understanding the contents of the will." (Gurdial Kaur v Kartar Kaur (1998) 3 SCC 384)

Once probate is revoked or a will is found invalid, the estate typically passes as if the invalid will never existed — either under a prior valid will, or under the rules of intestate succession.

You Have Options — and Time Matters

Will disputes are among the most emotionally difficult legal proceedings. They often happen within families, at a time of grief, and they can damage relationships permanently. But if you have genuine grounds — a forged signature, a testator who had no mental capacity, a will dictated by someone else under threat — the law gives you real tools to protect your rights.

The key things to remember: act quickly (do not wait for years after probate is granted), gather specific evidence (not vague suspicions), and take legal advice before making any formal move. Courts in India have shown, repeatedly, that they will set aside wills that fail to meet the standards of free and genuine testamentary intention.

Written by the Pinaka Legal Editorial Team. For queries about will contests and succession disputes, call +91 8595704798 or email info@pinakalegal.com.

Frequently Asked Questions

Can I challenge a will just because I was left out of it?

No. Being excluded from a will is not, by itself, a legal ground to challenge it. A testator has the right to leave their property to whoever they choose. You can only challenge a will if you can show a specific legal ground — such as fraud, forgery, undue influence, or that the testator lacked mental capacity when they signed. Unhappiness with the will's contents is not enough.

My mother signed the will when she had dementia. Can I challenge it?

Yes, this is the ground of unsound mind or lack of testamentary capacity. You will need medical records, doctor's statements, or other evidence showing your mother did not understand what she was signing on the day of execution. Courts have held that no person can make a valid will while in a mental state — from illness or any other cause — that prevents them from knowing what they are doing. See Nabagopal Sarkar Bahadur v Sarala Bala Mitter AIR 1933 Cal 574.

What is the difference between fraud and undue influence in a will challenge?

Fraud means someone deliberately misled the testator — for example, falsely telling them a child had died, to get them excluded from the will. Undue influence means someone put so much pressure on the testator that they could not act freely — such as a caregiver who controlled all access to the testator and dictated the will's contents. Both make a will void, but they are different grounds with different types of evidence.

I think the will is forged. Who has to prove it — me or the person presenting the will?

When you allege forgery, the burden is on the person presenting the will (the propounder) to prove it is genuine — not on you to prove it is fake. The Supreme Court in Bharpur Singh v Shamsher Singh (2009) 3 SCC 687 held that a plea of forgery cuts at the root of execution itself, and the burden always stays with the propounder. Courts can order a handwriting expert examination.

What are suspicious circumstances that can help me challenge a will under Hindu law?

Courts in H Venkatachala Iyengar v BN Thimmajamma AIR 1959 SC 443 listed several suspicious circumstances: shaky handwriting, a mentally weak testator, the propounder actively involved in getting the will signed, unexplained exclusion of close family, incorrect information about relatives, and a literate testator using a thumb impression instead of a signature. These do not automatically invalidate the will, but force the propounder to explain them.

Can I challenge a will after probate has already been granted?

Yes. You can apply for revocation of probate. Grounds for revocation include fraud, concealment of material facts, forgery, or discovery of a later valid will. The Supreme Court in Crystal Developers v Asha Lata Ghosh (2005) 9 SCC 375 confirmed that probate can be revoked for sufficient cause. You must apply to the court that granted the probate. Time limits under the Limitation Act apply, so act without delay.

Is there a time limit to challenge a will or apply for revocation?

There is no specific limitation period for probate applications, but Article 137 of the Limitation Act 1963 has been held to apply to revocation applications (Kunvarjeet Singh Khandpur v Kirandeep Kaur (2008) 8 SCC 463). The general rule is three years from the date you had knowledge of the grant. Delays can also be treated as a waiver of the right to contest, so it is important to act promptly.

Who has the right to challenge a will or oppose a probate application?

You need what courts call 'caveatable interest' — meaning your legal rights are affected by the will. This includes legal heirs, beneficiaries under a prior will, creditors, and others with a direct stake in the estate. A person who is neither a beneficiary nor has any claim to a blood relationship is generally not entitled to challenge the will. See Krishna Kumar Birla v Rajendra Singh Lodha (2008) 4 SCC 300.

Does registering a will make it harder to challenge?

No. Registration of a will does not automatically remove all suspicion. Courts have held that registration alone is not sufficient to dispel suspicion where suspicious circumstances exist — the evidence of registration must be examined closely. See Rani Purnima Debi v Kumar Khagedra Narayan Deb AIR 1962 SC 567. A registered forged will can still be revoked.

Can I challenge a will even if the testator explicitly gave reasons for excluding me?

It depends. If the testator gave reasons, it becomes harder to argue unnatural exclusion as a suspicious circumstance. However, if the reasons are false (for example, falsely blaming you for something you did not do), that itself could constitute fraud. Courts examine the substance of stated reasons. An unexplained exclusion without any reason remains a suspicious circumstance.

What happens to the property if a will is successfully challenged?

If a will is declared invalid or probate is revoked, the estate is distributed as if that will never existed. This could mean a prior valid will takes effect, or — if there is no valid will — the property is distributed according to the rules of intestate succession under the Hindu Succession Act 1956. The court may also issue fresh directions for administration of the estate.

Can I challenge only part of a will, or must I challenge the whole thing?

You can challenge part of a will. Courts can grant probate of the remainder of a will while excepting the suspicious or invalid portion. In Sarat Kumari Bibi v Rai Sakhi Chand Bahadur AIR 1929 PC 45, probate was granted in respect of the valid parts and refused for the suspicious portion. So if only one bequest was obtained by fraud, only that bequest may be voided, not necessarily the entire will.

For more articles on Indian law, visit the Pinaka Legal Blog.