Probate has already been granted by the Delhi High Court, but I have discovered evidence suggesting the will is not genuine. Can probate be challenged, specifically for a property situated in Lajpat Nagar, Delhi?
Yes, a will can be challenged even after probate is granted in Delhi, though the legal threshold to succeed becomes noticeably higher once a probate court has already examined and validated the document. Probate under the Indian Succession Act is a judicial certification that the will was properly executed and is the last valid testament of the deceased, so challenging it after grant requires you to show fraud, lack of testamentary capacity, undue influence, or that fresh material evidence was concealed from the court during the original probate proceedings. This is different from challenging a will before probate, where objections can be raised more freely during the citation process.
The correct legal route to challenge a will after probate is granted in Delhi is to file a revocation petition under Section 263 of the Indian Succession Act before the same court that granted probate, provided you can demonstrate "just cause," a phrase the courts interpret to include procedural defects, suppression of facts, or subsequently discovered evidence that the will was forged or executed under coercion. Because probate proceedings are considered a judgment in rem, meaning they bind the whole world and not just the parties present, revocation petitions are scrutinized carefully and are not granted lightly.
Timing matters considerably here. If you were not served notice during the original probate proceedings, or if you only recently discovered facts casting doubt on the will's authenticity, you should move a revocation application without delay, since unexplained delay can work against you. Medical records suggesting incapacity, handwriting expert opinions, and testimony from witnesses present at the time of execution are typically central to a successful challenge to a will after probate in Delhi.
Given the complexity of succession law and the high evidentiary bar involved, this is not a matter to handle without experienced counsel, and consulting our legal experts at Aapka Legal Advice early can help you understand whether your grounds meet the "just cause" threshold before you file. Since many disputed wills also involve immovable property, the Top Property Lawyers in Delhi | Aapka Legal Advice frequently work alongside succession law specialists to build a combined strategy covering both the probate revocation and any related property partition claims.
Where forgery or fabrication of the will is suspected, a criminal complaint for forgery under the Bharatiya Nyaya Sanhita may run alongside the civil revocation petition, and the platform's panel of retired judges, together with its criminal lawyers, is often consulted precisely for this dual-track approach. Challenging a will after probate is granted in Delhi is legally demanding but far from impossible when supported by strong evidence, so if you believe an injustice has occurred, consult a qualified advocate promptly to assess your revocation petition before the limitation window narrows your options.
