A "Will" is a formal statement of a testator's intentions regarding their property that they wish to be implemented following their passing. It is regarded as a formal statement that the individual has made regarding their property. But do you know the process of contesting a will? If not, no need to worry. I have shared the detailed steps below.
What is the Process to Contest a Will?
Contesting a will in India involves several legal steps governed by the Indian Succession Act, 1925, and other relevant laws. Here are some general steps to contest a will.
Grounds for Contesting the Will: Establish valid grounds for contesting the will. Common grounds include:
Lack of testamentary capacity (the testator was not of sound mind).
Undue influence (the testator was coerced).
Fraud (the will was created through deceit).
Improper execution (the will did not comply with legal formalities).
Revocation (the testator had revoked the will).
File a Caveat: Before filing a suit, you can file a caveat petition in the relevant court where the will is probated.
Initiating Legal Proceedings: If you decide to proceed, you can file a suit for revocation of the grant of probate if it has already been granted. This typically involves:
Drafting a legal petition detailing your claims and the grounds for contesting the will.
Filing the petition in the appropriate civil court.
Gathering Evidence: Collect all necessary documents and evidence to support your case.
Trial Proceedings: Once the petition is filed, the court will proceed with the case, which may include hearings, witness examination, and submissions from both sides.
Judgment: After considering all evidence and arguments, the court will pass a judgment. If the judgment is against you, there may be options for appeal, depending on the circumstances.
Appeal: If dissatisfied with the judgment, you have the right to appeal to a higher court within a specified period.
I would suggest consulting a legal expert specializing in succession.
Contact Senior Advocates from NoBroker Legal Team for Assistance in Contesting a Will.
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What are the Legal Steps to Contest a Will in India?
Aradhma7
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6 months
2025-06-12T13:53:56+00:00 2025-06-12T13:53:58+00:00Comment
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