Is there a deadline to challenge 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..

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..

Accordingly, the legal position as obtaining from the Constitutional Courts is that a legal heir can challenge the will within 3 years either from the date of dispute (when probate of will is not mandatory) or from the date where the probate becomes mandatory for executing the will, in the given circumstances of a case..

Heena Chheda, Partner, Economic Laws Practice, says, "When a probate of will is applied (either mandatory or not), a notice is issued to all the legal heirs..

Is there a last date to apply for probate of will?As legal experts have explained above, a legal heir must challenge the will within three years from either the date of dispute or from when probate becomes necessary..