Know Grounds Of Challenging A Will And Punishment For Forging The Document

A will is a legal document that outlines a person’s wish regarding the property, assets and care of dependents. This document gives a proper description of how and to whom a person’s property is to be distributed after his death and how the liabilities, if any, to be paid off or managed. The court also recognises what is written in the will.

If a will is not created then the distribution of the properties and assets of the person will be made as per the existing personal laws. The benefit of making a will is that it reduces the scope of dispute among the successors regarding the ownership over properties, businesses and other assets.

However, in the matter of property disputes, some family members also make fake wills in many cases. In this situation, if anyone feels that a will has been forged, the legitimate successor can seek relief from a court of law.

Legality of a will

A will is made as defined under Section 2(h) of the Hindu Succession Act, 1925. A will is the “legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death”, as per Section 2(h) of the Act.

A testator is the person who makes the will.

Any person above the age of 18 and of sound mind can make a will. As per Section 72 of the Act, there is no need of any formal wording in the will rather the ‘intentions of the testator’ should be known.

The will must be signed by the testator in the presence of two or more witnesses, and the witnesses should also attest the will by signing.

Grounds for Challenging a Will

A will can be challenged on the following grounds:

· If someone has forced a person to make a Will when the person was not willing to make it.

· If a will has been curated by a sick person, then there is no validation of such a will.

· If the Will holder does not fulfill the qualification to make a will, such as he is underage or mentally weak, then the will can’t be considered valid.

· Will written under someone else’s influence: you have to prove in the court that the will was made under the influence of someone else and not of your own free will.

Punishment For Forging A Will

According to Section 467 of Indian Penal Code whoever forges a will shall be punished with imprisonment upto 10 years and fine.

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