Can an NRI Challenge a Will in India?

Given the rising number of cases related to cross-border families and their belongings, one of the issues commonly raised is whether an NRI may dispute a Will. It must be said that the answer to this question is affirmative; NRIs are allowed to contest Wills, provided that proper legal grounds exist.

 

Inheritance Issues of NRIs in India

 

However, before discussing the matter of challenging the Will, one must first raise another issue: Are foreign citizens eligible to inherit property in India? Indeed, under Indian laws, not only NRIs, but foreign citizens may inherit property in India under certain conditions imposed by the Foreign Exchange Management Act. Property inherited by such people may be residential, commercial, or agricultural, as well as other types.

 

It is worth noting that not only do NRIs have the opportunity to inherit property, but also to question any errors related to this issue if such occur.

 

Inheritance Law of India with Will

 

The Indian inheritance law with Will is mainly ruled by the Indian Succession Act, 1925 (with some exceptions, as some communities follow their personal laws). A Will is deemed to be valid if:

●       It is made voluntarily by the testator who has sound mental health

●       It is properly signed by the maker of the Will

●       It is attested by two people

 

However, even a registered Will may be disputed in court if there are any issues regarding the authenticity or legitimacy of the document.

 

Legal Reasons an NRI Can Dispute a Will

 

There are several legal reasons why an NRI can challenge a will in India, including:

 

●       Testamentary incapacity: The maker of the Will did not have a sound mentality

●       Undue influence or coercion: It is believed that the Will was made under duress or pressure

●       Forgery or fraudulent behaviour: The Will seems to be counterfeit or falsified

●       Improper execution of Will: There were legal errors in the making of the Will

●       Suspicious circumstances surrounding the making of Will: Illogical distribution of assets/property

 

These reasons to challenge a Will apply both to residents and non-residents of India since the issue of whether the Will is valid is what matters for the Indian courts.

 

Steps Involved for Contesting a Will by an NRI in India

 

For an NRI the legal procedure to contest a Will in India may innvole the following steps:

●       Filing a petition against the probate or the legitimacy of the Will.

●       Submission of evidence in support of the claim.

●       Appointment of a power of attorney (if the NRI cannot visit India).

●       Appearance before court hearings, either personally or via their lawyers.

 

In most instances, if the probate proceeding is ongoing, then the NRI can submit a caveat before the court and stop them from issuing the probate until all claims are addressed.

 

Practical Issues that NRIs Could Face

 

Even if laws are in place, the following are some of the practical issues that an NRI could face when trying to contest a will in India:

●       Long distance and inability to appear in court hearings.

●       Evidence collection difficulties from foreign countries.

●       Delay in the Indian court system.

 

These challenges could be overcome with proper legal preparation and representation in India.

 

Conclusion

 

The NRIs have legitimate rights in cases where there are any issues related to inheritance in India. NRIs have the right to inherit any property, along with raising an objection on a Will if necessary, because of the concerns related to its validity or equity. It is important to know about the inheritance laws in India with a will.

 

It is important to raise an issue and get proper documentation done to make sure that things are resolved in favour of a person.