Can a will be challenged in court after probate?

Challenging a will after probate has been granted is difficult but not impossible. An aggrieved party who was not properly notified, or who has strong grounds like fraud, may seek to have the probate revoked. However, the burden is high once probate is granted.

Key points

• Probate is the court's certification of a will's validity, and it carries strong legal weight.
• An aggrieved heir can apply for revocation of probate on specific grounds.
• Grounds include the proceedings being defective, fraud, or the applicant not being duly cited/notified.
• The challenge must be brought promptly, as delay weakens the case.
• Strong evidence is required to overturn a granted probate.

Relevant law

Probate and its revocation are governed by the Indian Succession Act, 1925 — Section 263 sets out the grounds for revoking or annulling a grant of probate, such as defective proceedings, fraud, or the grant being obtained without due citation of interested parties.

What you can do

• Assess whether you have valid grounds under Section 263 (fraud, lack of notice, defective process).
• File an application for revocation of probate before the court that granted it.
• Gather strong documentary evidence supporting your challenge.
• Consult a succession litigation lawyer in Mumbai to evaluate and pursue the challenge.