| A family member has passed away, and I believe the will relating to their Patna property was not executed properly. What is the process to challenge it before the court? |
Contesting a will in Patna is a step that deserves serious deliberation before the decision is made, because testamentary litigation is lengthy, emotionally draining, and potentially damaging to family relationships. But where there are genuine grounds to believe a will is fraudulent, was made under pressure, or does not reflect the true and free wishes of the deceased, the law of Patna's courts gives you a real and effective route to challenge it.
For most properties in Patna, the testamentary proceedings fall under the Indian Succession Act 1925 — which governs probate procedure and the execution requirements for wills — read together with the Hindu Succession Act 1956 where the testator is Hindu. A valid will of immovable property requires: the testator to have been of sound mind (testamentary capacity) and understood the nature and effect of making a will; the document to be in writing and signed or thumb-marked by the testator; and attestation by at least two witnesses who were present simultaneously, under Section 63 of the Indian Succession Act. Critically, for Hindu testators in Bihar, registration of a will is not compulsory but is a powerful evidentiary safeguard — a registered will carries a stronger presumption of authenticity.
The grounds on which Patna's courts will entertain a challenge are: lack of testamentary capacity (the testator was of unsound mind, severely ill, or incapable of understanding what they were doing); undue influence (the testator was under the dominating influence of a beneficiary and could not exercise free volition); fraud (the testator was deceived about what they were signing or misled about its consequences); and improper execution (the statutory requirements of witnessing or signature were not met). Evidence in will contests before Patna's courts typically comes from attesting witnesses, medical records around the time of execution, neighbours and family members who interacted with the testator, the circumstances in which the will was prepared, and any prior or subsequent wills that tell a different story. The retired judges and property advocates at the Patna panel of Aapka Legal Advice can assess the strength of each ground on your facts and advise on whether to proceed.
Act quickly once you learn of a disputed will: limitation runs from the date of probate or from when the will is set up against you, and delay allows beneficiaries to deal with property and create third-party complications.
