CAN A REGISTERED WILL BE CHALLENGED BEFORE A COURT IN INDIA?

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The testator, or the person drafting the will, uses a will as a legal document to express his final desires on the distribution of his assets after his death. The Indian Registration Act's, 1908 in Section 18(e) states that the Will registration is not required.

However, it is recommended that you register your will in order to dispel any questions over its inventiveness. A Will does not become inviolable just because it is registered. There is always the possibility of contesting it in court. Furthermore, the registered will need not be the last testament left by the deceased. Even if it is not registered, a newly created will is nonetheless enforceable and will take priority over a registered will. The Will may be contested in court if there are any suspicions about it.

Here a few grounds for challenging a registered or unregistered Will:

1. Undue Influence: This is the term for circumstances in which you are coerced into doing against your better judgment or without giving the implications enough thought. A will that was formed under duress is deemed invalid by the law and is subject to dispute in court.

2. Fraud: If a person is deceived to make a Will then that can also be challenged before the court. Such a Will is considered not made by the free consent of the testator and it can be revoked by the court.

3. Coercion: If a Will is made because someone persuaded you using force or threat then such a Will is invalid and can be nullified by the court.

4. Improper execution: The testator must properly sign a will. The testator's signature and the signatures of at least two witnesses who have verified that the testator made the will must be included in the document. It is argued that a will is invalid if any of these conditions are not met.

5. Lack of testamentary capacity: The person making the Will shall understand the nature and consequences of making the Will. He should absolutely understand to the extent the property that he is disposing of and should be mentally fit.

6. Revocation: If the individual is unhappy with the Will that they have created, they have the option to revoke it on their own. A will that is revoked is deemed void and is no longer upholdable.

Posted On: 2024-04-15