In the grief, shock and emotional turmoil that follows the death of a loved one, many families hope a Will offers clarity and closure. Yet, sometimes what is written in that Will can feel deeply unfair, even unjust. Maybe a parent excluded a child; maybe the distribution feels skewed; maybe there are sudden changes that raise serious doubts.
If you feel cheated, you’re not powerless — the law offers pathways, but only if you know what grounds truly matter. Under the Indian Succession Act, 1925, the Testator (the person who makes the will) has broad testamentary freedom, that is, the right to distribute his selfacquired property as he wishes, even if that means leaving someone out. So, simply feeling “unhappy” or “unfairly treated” doesn’t automatically entitle you to challenge a Will.
What the courts look for are concrete legal grounds and not grievances or hurt feelings. Under the Indian law, there are valid, recognized situations where you or any person with a legitimate interest can challenge a Will.
Key grounds include:
1. Lack of testamentary capacity: If at the time of making the will, the testator was not of “sound mind” or was mentally incapacitated, the will can be invalidated.
2. Fraud, forgery or undue influence / coercion: If the document was created under pressure, manipulation, or deceit. For instance, someone forced the testator to sign under duress or forged the signature. As per Section 61 of the Indian Succession Act, a Will or part of it is void if it was made due to fraud, coercion or undue influence, as fraud, coercion or undue influence takes away the free will of the testator.
3. Improper execution or procedural defects: For a Will to be legally valid, it must comply with formalities. A Will must be signed by the testator and attested by at least two independent witnesses who signed in the testator’s presence.
4. Suspicious or unnatural dispositions: If the will contains sudden, improbable, or unnatural distribution, that is., excluding close heirs without explanation, or giving large shares to unknown or unlikely beneficiaries etc. such “suspicious circumstances” may prompt court scrutiny.
5. Revocation, existence of a later will, or multiple wills: If a more recent will exists, or the old Will was revoked, the earlier one loses validity. If one suspects a Will is invalid based on one or more of these grounds, Collect all relevant evidence. This may include medical records (to show unsound mind), psychiatric or cognitive history, documents, handwriting experts (for suspected forgery), statements from independent persons/witnesses present at execution, past behaviour of testator vs. contents of the Will, etc.
Caveat challenging the Will should be filed in the Court without any unnecessary delay. While the Indian Succession Act, 1925 doesn’t prescribe a strict time limit, undue delay or prior knowledge without contest can work against a challenger. Courts tend to view late objections sceptically. If you were simply left out, but the Will seems properly executed and the testator was sane and voluntary, the Courts may see no fault. In the eyes of law, only certain grievances qualify as legitimate disputes.
If a will was made with free will, proper procedure, and mental capacity, even if it seems unfair, it may stand. One must consult a lawyer if you suspect fraud or any undue influence.
—Advocate, Bombay High Court
