In short. You can challenge a will in Delhi if you would inherit without it, or under an earlier will, and you believe it was forged, not properly signed and attested, made when the testator lacked a sound mind, or obtained by fraud or undue influence. This guide is for children, spouses and relatives left out or treated unequally. The challenge is raised as an objection in probate, a defence or claim in a civil suit, or an application to revoke a grant. A contested case often runs for several years. First, get a copy of the will and act before any grant or mutation is made.
Is this your situation?
- A sibling has produced a will after a parent's death that leaves almost everything to him or her.
- The signature on the will does not look like your father's or mother's.
- The will was made when the parent was very ill, in hospital or suffering from dementia.
- The person who benefits arranged the lawyer, the witnesses and the registration.
- You have received a notice or citation in a probate petition and want to object.
- The will has been used to get the property mutated without telling you.
- You hold an earlier will that says something completely different.
Key points
- You need an interest in the estate. Only someone who would lose something if the will stands, such as an heir on intestacy or a beneficiary under an earlier will, can challenge it.
- The burden starts with the person relying on the will. He or she must prove due execution and attestation, and remove any suspicious circumstances to the court's satisfaction.
- Unfairness alone is not a ground. A parent may leave property unequally; the question is whether the will is genuine and was made freely by a person of sound mind.
- Act before a grant or mutation. Lodge a caveat if you expect a probate petition, and object in writing to any mutation based on the will.
- Evidence decides these cases. Medical records, the testator's earlier signatures, the attesting witnesses' cross-examination and the circumstances of registration usually matter more than family accounts.
- The forum follows the value. Probate disputes over estates above Rs 2 crore go to the Delhi High Court's original side at present; smaller ones go to the District Judge. Check the current limit.
Who can challenge a will in Delhi?
To challenge a will in Delhi, you must show that the will affects you. The usual challengers are the testator's children, spouse or parents, who would inherit under the law of intestate succession if the will were set aside. A person who benefits under an earlier will that the new will revokes also has an interest. The Supreme Court has held that a person who files a caveat in probate proceedings must show some interest in the estate, even a slight one, and that a stranger with no stake cannot oppose the grant.
Daughters, including married daughters, stand on the same footing as sons. Under the Hindu Succession Act 1956, a daughter inherits equally with her brothers from her father (Section 8) and from her mother (Section 15), so if the will is set aside, she takes a share. A widow is also a Class I heir to her husband's estate.
It helps to be clear about what you would get if you win. If the will is set aside and there is no earlier will, the property goes by intestate succession, which may be less than you expect if there are many heirs. If an earlier will exists, that earlier will revives only if it was not otherwise revoked. Work this out before deciding how hard to fight.
Legal grounds for challenging a will
Section 63, Indian Succession Act: execution and attestation
A will must be signed by the testator (or by someone in his presence and by his direction) and attested by at least two witnesses, each of whom saw the testator sign or received his personal acknowledgement of the signature, and each of whom signed in the testator's presence. If the witnesses were not present together, or signed later in another room, or never saw the testator sign, the will can fail for want of due attestation.
Section 59: sound disposing mind
Every person of sound mind who is not a minor can make a will. The test is whether the testator understood what he was doing, knew the extent of his property and knew who would naturally expect to benefit. Old age or illness by itself does not make a will invalid; a will made in a lucid interval can be valid. Medical evidence of dementia, delirium or heavy sedation close to the date of signing is what makes this ground real.
Section 61: fraud, coercion and undue influence
A will obtained by fraud or coercion, or by such importunity as takes away the testator's free agency, is void. Influence by affection or a request from a child who cared for the parent is not undue influence. The influence must have overpowered the testator's own will, and it is usually inferred from circumstances: isolation, dependence and the beneficiary's control over every step of the will's preparation.
Forgery and revocation
A forged will is no will at all. A will can also be revoked by a later will or codicil, or by the testator burning, tearing or otherwise destroying it with the intention of revoking it (Section 70). If you hold a later will, or can show the testator destroyed the will now being produced, that is a complete answer.
Section 67, Bharatiya Sakshya Adhiniyam 2023 (old Section 68, Indian Evidence Act)
A document required by law to be attested, such as a will, cannot be used as evidence until at least one attesting witness has been called to prove its execution, if one is alive, subject to the process of the court and capable of giving evidence. This applies even if the will is registered. Cross-examining that witness is often where a will is won or lost.
What makes a suspicious will in the eyes of the court
A suspicious will is one where the circumstances of its making raise doubts that the person relying on it must clear away. The Supreme Court laid down this approach in H. Venkatachala Iyengar v. B.N. Thimmajamma (1959), and has restated it many times since, including in Meena Pradhan v. Kamla Pradhan (2023). The propounder must prove due execution, and where suspicious circumstances exist, must also satisfy the court that the will reflects the free and conscious wishes of the testator.
Courts commonly treat the following as suspicious: a shaky or doubtful signature; a testator who was seriously ill, very old or dependent when the will was made; a beneficiary who took a leading part in arranging the will, the lawyer and the witnesses; natural heirs excluded without any reason given in the will; an unusual or unfair disposition that does not fit the testator's known wishes; attesting witnesses who are close associates of the beneficiary; and a will that surfaces late, after the property has been dealt with on some other basis.
None of these is decisive on its own. A parent may well leave more to the child who looked after her, and the will may say so. But several such circumstances together shift the case strongly, and the propounder then has to explain each one with evidence, not assertion.
Advocate B.K. Singh's practical tip on suspicious wills is to build a timeline of the testator's last two or three years before arguing anything: hospital admissions, medicines, who lived with the testator, who operated the bank accounts and who booked the sub-registrar's appointment. A clear timeline often shows the court far more than adjectives in a written statement.
Where the challenge is raised: three routes
There is no single 'will challenge' petition. Where you raise the challenge depends on what the other side does with the will.
In probate proceedings. If the executor or a beneficiary files a petition for probate or letters of administration with the will annexed, you can oppose it. Once you file a caveat or objection with an affidavit, the petition becomes contentious and, under Section 295 of the Indian Succession Act, proceeds as nearly as possible like a regular suit, with the propounder as plaintiff and you as defendant. This is the cleanest route, because the result binds everyone.
In a civil suit. If no one applies for probate and the will is instead used to claim the property, you can file a suit for declaration that the will is void, with an injunction or a partition, or you can resist the will as a defence in a suit filed by the beneficiary. Since probate is not mandatory in Delhi, this is how most will disputes in Delhi actually reach court. Our guide on filing a partition suit in Delhi explains how a will is often tested inside a partition case.
By applying to revoke a grant. If probate has already been granted without notice to you, or was obtained by fraud or concealment, you can apply under Section 263 for revocation for just cause. This is narrower than the other routes: you must show a defect in the grant, not just that you disagree with the will.
Caveat in probate: getting notice before a grant
A caveat in probate is a notice to the court that you oppose the grant of probate or letters of administration for a particular estate. Section 284 of the Indian Succession Act allows any person with an interest to lodge such a caveat with the District Judge or the High Court. Once it is lodged, no grant should issue without notice to you, and you then get a fixed time under the court's rules to file an affidavit stating your interest and your grounds of objection.
This is different from the general caveat under Section 148A of the Code of Civil Procedure, which only ensures notice before an interim order in a pending or expected case. Our guide on what a caveat is explains that one. A probate caveat is specific to testamentary cases and should be lodged in the court where the petition is expected: the High Court if the estate is above Rs 2 crore at present, otherwise the District Judge of the district where the deceased lived.
If you have received a notice or a newspaper citation in a probate petition, you do not need a separate caveat; file your objections and affidavit in that petition within the time given. Missing that date can lead to the petition being treated as uncontested.
How to challenge a will in Delhi, step by step
Get a copy of the will
Ask the person relying on it for a copy. If it was registered, apply to the sub-registrar for a certified copy. If it has been filed with a mutation application or in court, inspect and copy it there.
Lodge a caveat or object to mutation
If a probate petition is likely, lodge a caveat in the right court. If the will has been filed with the MCD, the DDA, the Land and Development Office or a revenue office for mutation, file a written objection there and keep proof.
Collect the testator's records
Gather hospital discharge summaries, prescriptions and doctors' notes for the period around the will, documents with the testator's admitted signatures from around the same time, and any earlier will.
Identify the attesting witnesses
Find out who the witnesses are, how they are connected to the beneficiary and where they were on the date of the will. Their cross-examination is central.
File your objection, suit or revocation application
In probate, file objections with an affidavit. If there is no probate, file a suit for declaration and injunction, or a partition suit challenging the will. If a grant has issued behind your back, apply under Section 263.
Seek interim protection
Ask the court to restrain sale, mortgage or transfer of the property while the dispute is pending. Our page on property injunctions in Delhi covers what courts expect.
Prepare for evidence
Apply for a handwriting expert's comparison if forgery is alleged, summon medical records and the sub-registrar's record, and prepare your own witnesses. Then the propounder leads evidence first and you cross-examine.
Evidence that wins or loses a will dispute
Will disputes are decided on documents and cross-examination far more than on family history. On forgery, the court compares the disputed signature with admitted signatures of the testator from around the same period: bank documents, pension papers, cheques, letters. It may take the opinion of a handwriting expert, which is relevant under Section 39 of the Bharatiya Sakshya Adhiniyam 2023 (old Section 45, Indian Evidence Act), but the court weighs it with everything else and is not bound by it.
On mental capacity, hospital records matter most. Discharge summaries from Delhi hospitals often record the patient's orientation, the diagnosis and the medicines given. A will signed during or just after a hospital admission for a stroke, with notes recording confusion, is in real difficulty. On the other hand, a will made at the sub-registrar's office with the testator answering questions, or with a doctor's certificate of fitness signed the same day, is harder to attack.
The attesting witnesses' cross-examination often decides the case. Inconsistencies about who was present, who signed first, where the signing took place and how the witnesses came to be there can show that the will was not attested as Section 63 requires. Witnesses who are the beneficiary's employees, tenants or close friends are not disqualified, but their evidence is examined closely.
Registration helps the propounder but does not end the matter. A registered will carries a presumption that the testator appeared before the sub-registrar and admitted execution. It does not prove that the testator understood the contents or acted freely. Ask for the sub-registrar's record, including any photographs and the identity of those who accompanied the testator.
Time limits, typical durations and court fee
| Stage | Time limit or typical duration | Court fee and costs (general) |
|---|---|---|
| Caveat in a probate court | As soon as you expect a petition; affidavit within the time set by the court's rules after notice | Nominal fee for lodging a caveat; check the current rate |
| Objection in a pending probate petition | Within the time given in the notice or citation | Usually a small fixed fee; contested petition then runs like a suit |
| Contested probate or civil suit challenging the will | Often 3 to 7 years, sometimes longer | Suit for declaration carries court fee as per valuation; check the current schedule; witness and expert costs |
| Suit for declaration that a will is void | Generally within 3 years from when the right to sue first accrues (Article 58, Limitation Act) | Court fee depends on relief and valuation |
| Application to revoke a grant (Section 263) | Generally within 3 years of learning of the grant, subject to the facts; act quickly | Fixed fee; may be heard on affidavits or with evidence |
| Appeal | Short limitation periods; check immediately after the judgment | Court fee on appeal; check the current rate |
Documents to collect for a will challenge
The will and its history
- Copy or certified copy of the disputed will
- Sub-registrar's record if registered, including photographs and identity papers
- Any earlier will, codicil or letter about the testator's wishes
- Mutation applications or probate petition where the will was used
The testator's health and signatures
- Hospital discharge summaries, prescriptions and test reports
- Bank, pension and property documents with admitted signatures from around the same time
- Cheques, passbooks and letters signed by the testator
- Names of doctors, caregivers and neighbours who saw the testator regularly
Your own position
- Death certificate and proof of your relationship (birth certificate, family register)
- Family tree with all heirs
- Title documents of the property
- Your caveat, objection letters and their acknowledgement
A made-up example: the Greater Kailash house and the late will
Here's a made-up example. An 84-year-old widow in Greater Kailash dies. Her younger son, who lived with her, produces a will registered eight months before her death that leaves the house to him and nothing to her elder son and daughter. Earlier, she had told relatives that the house would be shared equally, and a 2015 will found among her papers says exactly that.
The younger son files for probate in the Delhi High Court, because the house is worth more than Rs 2 crore. The daughter and elder son file objections. The case becomes contentious. Hospital records show that three weeks before the registration, the mother was admitted for a fall and noted as 'disoriented at times'. The sub-registrar's photograph shows the younger son and his business partner beside her; the partner is one of the two attesting witnesses.
In cross-examination, the two witnesses give different accounts of where the will was signed and who brought the typed draft. The younger son explains that his mother wanted to reward him for looking after her, and produces her doctor, who says she was lucid on the day. The court has to weigh all of it. This is a made-up illustration; the result in a real case would depend entirely on the evidence.
Should you file a police complaint for a forged will?
Forging a will is a criminal offence. Under the Bharatiya Nyaya Sanhita 2023, forgery of a valuable security or will is covered by Section 338 (old Section 467, IPC), and using a forged document as genuine by Section 340 (old Section 471, IPC). For events before 1 July 2024, the IPC sections continue to apply.
Even so, a police complaint is rarely the first step. The police generally treat disputes over wills between family members as civil matters unless there is strong prima facie evidence of forgery, such as a forensic report or a will dated after death. A criminal case filed mainly to pressure the other side can be quashed by the High Court and can damage your credibility in the civil case.
When Advocate B.K. Singh is asked about a forgery FIR in a will dispute, his usual advice is to get the civil challenge on file first, obtain an expert's opinion through the court if possible, and consider a criminal complaint only when the evidence of forgery is clear and the civil remedy alone will not protect the property.
Time limits and delay
The time limit depends on the route. In probate, you must file objections within the time given in the notice or citation. Courts can extend time in some cases, but a late objector risks being told the petition is uncontested. If probate has already been granted, an application to revoke it under Section 263 is generally governed by the residuary article of the Limitation Act, three years from when the right to apply arises, which courts usually connect to knowledge of the grant.
A suit for a declaration that a will is void is governed by Article 58, three years from when the right to sue first accrues. That usually means when the will is first set up against you: when you are told of it in writing, when it is used to mutate the property or when the beneficiary asserts title on its basis. If you are in joint possession and the beneficiary has done nothing, the clock may not have started, but do not rely on that without advice.
Delay also harms the evidence. Hospital records are destroyed after a period, CCTV footage is overwritten and witnesses' memories fade. If you suspect a will, start collecting records now even if you have not decided to litigate.
Special situations: Muslim wills, NRIs and property already sold
A Muslim can leave by will only up to one-third of the net estate to non-heirs, and a bequest to an heir generally needs the consent of the other heirs. A will that goes beyond those limits can be challenged to that extent even if it is genuine. Probate is not required for Muslim wills, so these challenges usually arise in civil suits.
Heirs living abroad can object to probate or file a suit through a power of attorney executed at the Indian embassy or consulate, and give evidence by video conference where the court allows it. The attorney should not be someone who will also be a key witness to disputed facts, because that can complicate the evidence.
If the property has already been sold on the basis of the will, the challenge becomes harder but not impossible. You may need to seek cancellation of the sale deed as well as a declaration against the will, and the buyer's good faith becomes an issue. Our page on cancelling a sale deed made by fraud explains that remedy.
Mistakes people make when challenging a will
- Arguing only that the will is unfair. A parent can disinherit a child; you must show the will is not genuine or not freely made.
- Waiting for the other side to move. By the time a mutation is done or a buyer is in possession, your case is harder and costlier.
- Ignoring a probate notice. If you do not file objections in time, the grant may issue and you will be left with the narrower revocation route.
- Relying on family gossip. Courts decide on medical records, admitted signatures and cross-examination, not on who visited the parent more often.
- Rushing to the police. A weak forgery FIR can be quashed and can hurt your civil case.
- Overlooking the earlier will. If the disputed will falls, an earlier will may govern; know what it says before you start.
What to do this week
- Get a copy of the disputed will, and a certified copy if it was registered.
- Lodge a caveat in the likely probate court if no petition has been filed yet.
- Send written objections to any office where mutation on the will has been applied for.
- Request the testator's hospital records for the year before the will.
- Collect documents with the testator's admitted signatures from the same period.
- Note the names and connections of the attesting witnesses.
- Search the testator's papers for any earlier will or letter about her wishes.
Getting advice on a disputed will
A will challenge is decided by the quality of the evidence gathered in the first months and by acting before a grant, a mutation or a sale makes the dispute harder. Our page on probate and testamentary cases in the Delhi High Court explains how contested probate petitions are handled, our guide on whether probate is mandatory in Delhi explains why many will disputes are fought outside probate, and our guide on how long probate takes gives realistic timelines once a petition is contested.
For advice on your papers or updates on the law of wills and succession, contact Advocate B.K. Singh.
Frequently asked questions
Can a father leave all his property to one child in Delhi?
Yes, if the property is his self-acquired property, he can leave it to anyone by will. Children cannot challenge such a will merely because it is unequal. They can challenge it only if it is forged, not properly executed, made without a sound mind or obtained by fraud or undue influence.
Can a registered will be challenged?
Yes. Registration shows the testator appeared before the sub-registrar and admitted the document, but it does not prove sound mind or free will. A registered will must still be proved through an attesting witness if it is disputed.
Who has to prove the will is genuine?
The person relying on the will must prove that it was signed by the testator and attested by two witnesses as the law requires. If there are suspicious circumstances, that person must also explain them. The challenger has to prove specific allegations such as fraud or undue influence.
Can ancestral property be given away by will?
A Hindu coparcener can dispose of his own undivided share in coparcenary property by will, but not the shares of other coparceners. If a will purports to give away the whole of a coparcenary property, it can be challenged to the extent it covers others' shares.
What happens if one attesting witness has died?
The will can be proved through the surviving witness. If both have died, it can be proved through evidence of their handwriting and of the testator's signature. The court then looks more closely at the surrounding circumstances.
How do I know if someone has filed for probate of my parent's will?
Heirs are supposed to be named in the petition and served with notice, and a general citation is usually published in newspapers. If you suspect a petition, check the court's case status by the deceased's name or lodge a caveat so you are notified.
Can I challenge a will after probate has been granted?
Yes, but only by applying to revoke the grant under Section 263 for just cause, such as lack of notice to you, fraud or concealment. You cannot simply file a fresh suit saying the will is forged once a valid grant stands.
Is a will made in hospital valid?
It can be, if the testator understood what he was doing and the will was properly signed and attested. But a will made during serious illness is a suspicious circumstance, and the person relying on it must satisfy the court about the testator's state of mind, usually through medical evidence.
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M. More than twenty years in practice before the Supreme Court, the Delhi High Court, Delhi district courts and tribunals. This guide was written and reviewed by his team.
This guide explains the law in general terms and is not legal advice. For advice on your own papers, contact the team.
Related guides
PropertyWhich Property Cases Go Directly to Delhi High Court?
Which property disputes start in the Delhi High Court: suits above Rs 2 crore, probate, DDA and MCD writs, RERA and rent appeals. Where the rest...
PropertyHow to File a Partition Suit in Delhi
How a partition suit in Delhi is filed, which court hears it, how the preliminary and final decree work, court fee basics, time ranges and papers to...
PropertyCan a Daughter Claim a Share in Her Father's Property?
Can a daughter claim a share in her father's property? Ancestral and self-acquired property, Vineeta Sharma, wills, release deeds and partition in...
PropertyHow to Stop a Family Member From Selling Joint Property
A co-owner cannot sell the whole family property. How to stop sale of joint property in Delhi with an injunction, notices and a partition suit, step...
PropertyIs Probate Mandatory in Delhi?
Probate is not legally required for most wills in Delhi, but banks, DDA and buyers may still ask for it. When to get probate, which court, time and...
PropertyHow Long Does Probate Take in Delhi High Court?
How long probate takes in Delhi High Court and district courts: stage-wise time, citations, objections, court fee, NRI heirs and what speeds things...