Legal heirs can dispute the distribution of assets mentioned in a will. But the grounds to challenge a will become weaker over time. So how long do legal heirs have to dispute a will?
Meghna Mishra, Partner of law firm Karanjawala & Co, says, “There is no limitation period under the succession laws to challenge a will and the legal heirs may challenge a will at any time on the grounds mentioned in the Indian Succession Act, 1925. However, a delay in challenging a will has to be justified, and a court may view an inordinate delay with suspicion. The Supreme Court has in various cases held that there is a time limit of 3 years to apply for a probate (court process to declare the validity of a will) of a will from the date legal heirs face an issue in executing the document or the will is disputed. This date is different from the date of death of a testator.”