PRATAP KESHARI MOHANTY (ADVOCATE) 01 July 2017

Can a stranger challenge a WILL

Sir,
one of my relative made a will for her self aqired property but one stranger is challenging the please suggest and give some citation of Apex Court

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16 Replies

Arjun Kohli 01 July 2017

Only someone who has a legit interest in the property can challenge a Will, and moreover, there should be a substantial legal dispute in such an issue. One can not just challenge a will for not being satisfied or anything. If the stranger, however. has some personal interest in the property, he could be an interested party and if there is some essential legal dispute over the same, the will can be challenged, otherwise not.

(Guest)

the short answer is NO. stranger is a stranger. ONUS lies on them to prove if they do so.

Azhagananth (Lawyer) 01 July 2017

The truth and validity of the Will normally will be challenged only by those persons who are the legal heirs of the testators and who would have succeeded to the properties of the testator but for the Will.

Refer: Madras High Court -Valliammal vs S. Arumugha Gounder And Another on 3 January, 2001 - Equivalent citations: (2001) 1 MLJ 729

Azhagananth (Lawyer) 01 July 2017

If the author of the will has no proper title, then the person who has the absolute title has the Locus standi to question the eventhough if he is a Thrid party to the will...

Kishor Mehta (CEO) 01 July 2017

A person who is a legitimate creditor and/or if he/she has a lien on the property can only challenge the Will

Kumar Doab (FIN) 01 July 2017

If a person is challenging the WILL then the person must have narrated the reason/logic.

What are the grounds mentioned to contest the WILL?

Siddharth Srivastava (Advocate) 01 July 2017

As such law does not provide any prohibition in this regard. The law is that a WILL can be challenged under certain circumstances but a general law is that a stranger who is stranger shall always remain stranger so such stranger can not challenge a right or title of a person underb the WILL. However, complete facts are required to be examined in order to asceratin the situation.