Dear Client,
In the case of testamentary succession, the wishes of the testator of the will shall prevail. Until and unless the Court grants probate to the executor of the Will, the beneficiaries cannot obtain their share in the said property. The first step in transferring a property to a beneficiary as per Will is to either get the will probated or get letters of administration (LOA) from the Court having jurisdiction over the property left by the deceased. Probate of a will is necessary to transfer the deceased's property into the name of the beneficiaries and conclusive proof that the will was executed validly and is the deceased’s last Will. A beneficiary can challenge the validity or veracity of the Will on the grounds of undue influence, coercion, or fraud in making the Will before the Court. When the language of the Will does not match with that of the testator and is uncertain then the validity of the will can be challenged. Even, if a sibling thinks the deceased made a will when not mentally capable of doing so or were unduly influenced, then he/she can challenge the validity of a Will. The most common legal grounds for contesting a will include undue influence, testamentary incapacity, fraudulent acts, and improper execution. The time limit for challenging a will in India is generally up to 12 years following the testator's passing. However, legal heirs may potentially contest a will at any time because the Indian Succession Act of 1925 makes no mention of a deadline. The Supreme Court in the case of Kavita Kamra v. Pamela Mehta (AIR 2020 SC 2614) held that the unreliability of the attesting witnesses, the contradictions in their statements or if the major beneficiary played an active and major role in the execution of a will which would confer on them substantial benefit, it would give rise to suspicious circumstances and can be a ground of challenge.