Validity of Will

Dear Client,
In the case of testamentary succession, the wishes of the testator of the will shall prevail, whether the will is registered or not. The Supreme Court in the case of Saroja v. Santhil Kumar (2010) has held that an unregistered Will is valid and enforceable in law. A will, irrespective of whether it's handwritten or typewritten, on plain paper in clear language and witnessed by at least two persons, is legally valid. 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 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 was 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 demise. 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. So, if any beneficiary possesses sufficient proof to establish his or her claim that the WILL was executed by the testator under undue influence, testamentary incapacity, fraudulent acts, and improper execution, he or she can challenge the Will executed by the testator filing a civil suit before the District Court seeking the cancellation of the said Will. Hence, in view of the complexity and factual matrix of the case, it is recommended to consult with an experienced property lawyer for tailored advice and steps to understand your rights and remedies in the given situation to navigate the matter effectively.