How to Challenge a Forged Will in India

Key Highlights :

1. A will is a legal document that outlines a person’s wishes regarding their property, assets, and care of dependents.

2. If a will is not created, the distribution of the properties and assets of the person will be made as per the existing personal laws.

3. The benefit of making a will is that it reduces the scope of dispute among the successors regarding the ownership over properties, businesses, and other assets.

4. However, in the matter of property disputes, some family members also make fake wills in many cases. In this situation, if anyone feels that a will has been forged, the legitimate successor can seek relief from a court of law.

5. If a will is challenged on the grounds that it was forged, the person who forged the will will be punished with imprisonment and a fine.

     Forging a will is a serious offence in India and the person responsible for it can be punished with imprisonment upto 10 years and fine. A will is a legal document that outlines a person’s wish regarding the property, assets and care of dependents. If a person feels that a will is forged, he can file a petition in the court to challenge it.

     Under Section 2(h) of the Hindu Succession Act, 1925, a will is the “legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death”. Any person above the age of 18 and of sound mind can make a will. It must be signed by the testator in the presence of two or more witnesses, and the witnesses should also attest the will by signing.

     A will can be challenged on the following grounds:

     - If someone has forced a person to make a Will when the person was not willing to make it.

     - If a will has been curated by a sick person, then there is no validation of such a will.

     - If the Will holder does not fulfill the qualification to make a will, such as he is underage or mentally weak, then the will can’t be considered valid.

     - Will written under someone else’s influence: you have to prove in the court that the will was made under the influence of someone else and not of your own free will.

     If the court finds the will to be forged, the legitimate successor can seek relief from the court. The court will declare that the will is invalid and the property and assets of the deceased will be distributed as per the existing personal laws.

     It is important to note that according to Section 467 of Indian Penal Code whoever forges a will shall be punished with imprisonment upto 10 years and fine. Therefore, if you feel that a will has been forged, it is important to consult an experienced lawyer and file a petition in the court. The lawyer will help you to prepare the necessary documents and evidence to prove that the will is forged. With the help of the lawyer, you can get justice and protect the rightful share of the deceased’s property and assets.

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