Supreme Court explained: On what grounds a Legal Heir can challenge the Will

Generally, a legal heir challenges the validity of a will when she/he is dissatisfied with the distribution of assets made in the will. However, the Indian Succession Act, 1925, specifies the list of grounds on which a will can be challenged.

A valid will must adhere to specific formalities, including the sound mind of the Will creator and signature  (maker/creator  of the will) and witness attestation.

In India, a will needs to be signed on a printed paper, digital Wills are not valid. A Will can be challenged on around following  grounds:

1. Lack of testamentary capacity: It is a legal term used to describe an individual's ability to make or alter a will. "Section 59 of the Indian Succession Act provides that a Will can only be made by a person of a sound mind not being a minor. Therefore, persons of unsound mind, minors, individuals not in a stable state of mind due to intoxication, illness or any other causes are not eligible  to make a valid Will."

2. Fraud, coercion or undue influence: A will would not be valid if it was made under duress, coercion or undue influence. Individuals have the right to independently decide how to distribute their assets. 

3. Improper execution of will: A will is considered valid only if the testator signs it in the presence of at least two witnesses. Further, the witnesses must have signed the will in the presence of the testator.. The Will can be made on a plain paper. "However, Section 63 of the Indian Succession Act mandates that the Will has to be signed by the testator as well as two attesting witnesses. So, if A will not signed and witnessed properly, a Legal heir can challenge the Will.

4. Perpetual Transfer of Assets: The Indian Succession Act restricts the transfer of property if it is done in such a way that the property is bequeathed in perpetuity i.e. forever and other legal heirs cannot use it. Section 114 is against the perpetual rule of the asset or property.

5. Let us take an example to understand this: X draws up a will saying that the money goes to his son and later to his grandchild, and finally to the great-grandchild who attains the age of 40 first. In such a case, a great-grandchild born after X  death might take more than 18 years to turn 40. Therefore, this is not valid because it extends beyond the lifetimes of X, his son and grandson; and it also pertains to a time when the great-grandchildren are no longer minors. The legal issue is that the condition is too uncertain and can unreasonably prolong the bequest.

6. Forgery: A legal heir can challenge the will if he believes that the will is forged or the signature of the testator on the will is forged. The burden of proof would be on the person challenging the will.

7. Suspicious circumstances: If there are any suspicious circumstances surrounding the making or execution of a will, the document can be contested in court. Suspicious circumstances can be genuineness of the signature of the testator, condition of the test ..

Time frame to Challenge a Will: a will in India can be challenged at any point of time, but it is preferable to file a challenge at the earliest in case one wants to challenge it.

 In India, the process of challenging a will becomes more complicated and difficult as time passes. To challenge a will after a long time, the burden of proof on the person challenging the will becomes higher. The court will require strong evidence to establish the grounds for challenging the will and to prove that the delay in challenging the will is justified and the person did not have prior knowledge about the existence of the will."

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