Will being challenged by family member

What you need to know

A will can only be challenged on specific grounds: testator lacked mental capacity, fraud, undue influence, or improper execution. Mere dissatisfaction is not grounds to challenge a will.

Your rights

Defend validity of a properly executed will

File probate petition to establish will's validity

Oppose challenge in Probate Court

Interim protection of estate assets during dispute

What you should do now

Action first

Get a copy of the will and review with a lawyer

Apply to Sub-Registrar's office if it is a registered will
Review with a lawyer to understand if the will is valid and in your favour

File probate petition or contest challenge

If will favours you — file probate petition before District Court to have it declared valid
If will is being suppressed — file civil suit for production of will
This is a court process — engage a lawyer

Acts applicable

Indian Succession Act 1925

central

Section 59 — Capacity to make will, Section 63 — Execution of unprivileged will

Where to complain

eCourts — Find District Court

Consumer complaint portal: e-jagriti.gov.in (replaced edaakhil.nic.in as of Jan 2025). Labour complaints: col.gujarat.gov.in. All links verified June 2026 via web search against official government sources.