Will Challenge
NRI CARE SERVICES
Will Challenge on Behalf of NRI
Challenging a Will is a serious legal undertaking, especially for NRIs who may suspect foul play in the distribution of family assets in India. When a Will appears suspicious, forged, or executed under undue influence from local relatives or caretakers, it is imperative to act swiftly before the Probate is granted or the property is sold.
Our Litigation desk specializes in 'Testamentary Challenges' on behalf of overseas Indians. We provide a forensic legal review of the circumstances surrounding the execution of the Will. We work with handwriting experts and medical professionals to build a case for the 'Lack of Testamentary Capacity' or 'Fraudulent Fabrication', ensuring that your rightful heritage remains protected.
Grounds for Challenging a Will in India
Lack of Testamentary Capacity
Challenging the Will on the basis that the testator was not of 'sound disposing mind' at the time of execution. We gather medical records and expert testimony to prove cognitive impairment or lack of understanding of the document's consequences.
Undue Influence & Coercion
NRIs often face situations where a Will is made under the pressure of a local relative who was the primary caretaker. We look for 'Suspicious Circumstances'—such as unnatural distribution or active participation of the beneficiary in the Will-making process.
Forgery & Fraudulent Execution
When a Will is suspiciously discovered after years or used to transfer high-value NRI assets suddenly. We employ forensic handwriting experts to verify signatures and challenge the validity of the attesting witnesses.
Improper Attestation
Under Section 63 of the Indian Succession Act, a Will must be attested by at least two witnesses in the presence of the testator. Any procedural lapse in this attestation can render the entire Will null and void.
Urgent Caveat Filing
If you suspect a fraudulent Probate petition is about to be filed, we move to enter a 'Caveat' in the relevant court. This ensures that the court cannot pass any orders or grant Probate without first notifying us and hearing your objections.