Inherited Wisdom: Decoding The Complexities Of Indian Will Law

INTRODUCTION

A will is a legally binding document that grants the testator the authority to determine and name the individuals who will receive his or her inheritance and the estate upon their death. The person making such a will has the ability to clearly state his desires and preferences as for what should happen after his death and resolve any uncertainty about how his possessions should be distributed. 
A will, once created, may only be repealed by the testator during their lifetime. Once a person has passed away, their final wishes regarding the disposal of their property are irrevocable and should be followed accordingly. A testator can only make statements concerning their personally acquired property through a will. He is prohibited from transferring the joint family property or any other property that does not exclusively belong to him.
Will registration be a vital legal procedure that ensures the appropriate allocation of a person's assets according to their expressed wishes after their demise. A will also functions as a safeguard for underage children, allowing for the designation of a guardian and the establishment of financial arrangements on their behalf. By facilitating the transfer of firm ownership and power of attorney to favoured heirs, it can effectively protect one's corporate interests and minimize conflicts in commercial endeavors. Furthermore, a will guarantees and ensures that children from a prior marriage are not omitted from the inheritance in instances of remarriage and that they are to get their share of the estate, if any.

Also, a will might provide provisions for acquaintances, relatives, philanthropic causes, or additional institutions. An important benefit of a will is its capacity to be revoked and modified. The testator has the power to revise or cancel the will if there are changes in circumstances or if they are unhappy with a beneficiary's actions.

When a person dies without a legally authorized will, the laws of inheritance and succession are applied. Given their inherent complexity, obscurity, and dependence on the religious beliefs of the people in question, there are possibilities of such constraints becoming the reason to incite familial disputes. Furthermore, the process of creating a will does not require the participation of a lawyer, which eliminates the requirement for frequent legal consultations, which makes the whole process smoother and easier for regular people as the need for regular legal consulting gets eliminated. This accessibility makes it easier for individuals to fulfill their inheritance desires. In India, the process of registration of wills is overseen and governed by The Indian Succession Act, 1925. Furthermore, it is not mandatory to register a will, and individuals have the choice to provide an additional witness and voluntarily record their will with the sub-registrar's office of the Government of India. The above process may cost an additional amount of time and expenses, but it may be advantageous for the family in the event that the validity of the will is questioned. The will's legitimacy is established through registration, which eliminates the necessity for witnesses to appear in court.

UNDERSTANDING WILLS

One query that arises is: Who is eligible to establish a will? 
The criterias that are necessary to follow for making a will in India are defined in Section 59 of the Indian Succession Act, 1925. Under the said act, the provision states that anyone who has reached legal adulthood, i.e. 18 years of age, has the option of establishing and creating a will. They must be in a sound mental state and have the capacity to comprehend the consequences of their choices, and even if they are usually mentally impaired, they have the option to still create a will that would be legally enforceable provided at the time of the same their decision making wasn’t impaired. A will created while intoxicated, which inhibits an individual's capacity to understand their actions, is considered void. With respect to differently abled people, especially a person who is deaf or mute has the legal right to form a will as long as they understand the document's basic ramifications and the whole procedure. 
 A legatee is the person designated by the "testator" to receive a share of their estate, inheritance, or legacy. This designation appears in the written will and defines which portions of the inheritance the legatee will receive. The individual who makes and executes a will is referred to as a "testator." This individual shares their plans for the allocation of their belongings once they have departed. Moreover, anyone, regardless of their connection to the testator, can be chosen as a legatee, regardless of their gender, religion, or age.
Nevertheless, there are circumstances in which a bequest (or legacy) can be invalidated. If the will is carried out due to compulsion, produced under the influence of fear or pressure, obtained via fraudulent methods, or completed while the testator is lawfully imprisoned, the request will be considered invalid. This comprehensive structure guarantees that wills are drafted in a manner that accurately reflects the testator's intentions, therefore protecting the distribution of their inheritance in accordance with their true desires.

Essentials Of A Will
A critical initial step in estate planning is the evaluation of one's assets. Begin by compiling an exhaustive inventory of assets, such as bank fixed deposits, mutual funds, investment accounts, personal belongings, real estate, and any other significant resources. These documents are essential records that provide essential information for the crafting of a Will, as they detail financial holdings and possessions.
Further requirement is that of determining the recipients. It is essential to determine the appropriate recipient of the assets, whether it be family members, associates, and other such people. In order to prevent any inter-disputes and misunderstandings, it is important to clearly establish and determine each beneficiary and the percentage of the estate or assets they are to receive
The choice of an executor is another crucial and important aspect of inheritance and will planning. An executor is a person that is going to be responsible for managing the estate and carrying out the final desires, which will involve allocating assets when the person passes away as per the established will. Therefore, it is important to find such an executor and find someone who can fulfill these responsibilities and is dependable.
 It is also imperative to designate a legal guardian to provide for minor children in the event of their demise. Furthermore, there are instances wherein people do establish trusts to oversee any assets that the children inherit until they reach maturity, and it is generally advised to consider doing the same in such scenarios. This guarantees that their financial requirements are addressed in a responsible manner and in accordance with the testator's intentions. 
All these are some of the more general and important stages that are essential for the development of a will in a more effective and transparent manner. By fulfilling these prerequisites, it is ensured that the estate is managed and distributed in accordance with the testator's intentions and that peace and harmony between the family and between other individuals is maintained.

Types of Wills 

Privileged Will
Wills created by soldiers engaged in warfare or expeditions, including the people engaged in the Air Force and Navy, are known as privileged wills. These individuals must meet the necessary requirements to draft their wills. The main objective of privileged wills is to eliminate any uncertainty, guaranteeing that the families of these individuals, who are exposed to significant risks, do not face any legal complications when claiming their rightful inheritance.

Under certain circumstances, it is possible to create privileged wills orally. It is not necessary for the entire document to be written by the testator if the will is already written. Another person can write it, as long as the testator signs it. These wills do not require attestation. If a will is prepared by someone other than the testator and does not carry the testator's signature, it can still be regarded as legal as long as there is evidence that it was made in accordance with the testator's instructions. 
In addition, if the testator provided written instructions or gave oral instructions in the presence of two witnesses on how the will should be carried out but passed away before it was finalized, these instructions are considered legally binding. On the other hand, if the testator survives for more than one month after creating an orally made will, it becomes invalid.

Unprivileged Will
An unprivileged will is something that is established by a person who is not in such military activities. In order to execute an unprivileged will, it is necessary to have the testator's signature, fingerprints, or the signature of an agent directed by the testator in their presence. The signature should be positioned in a manner that plainly demonstrates the testator's intention to establish the will. 
There is a need for at least two witnesses to be present, and these individuals have to be such that they either have been witnesses to the testator signing the will signing the will, or such individuals are personally recognized by the testator in the event that they were not present during the attestation, which is a necessary condition in the case of unprivileged wills.
Although it is not legally prohibited for a beneficiary or executor to act as a witness to the will, this scenario can have its drawbacks. 
There is a possibility that the recipient could obtain the inheritance through deceit or manipulation and conspire with another individual to authenticate the will. Therefore, it is important to carefully consider the selection of witnesses to avoid any potential conflicts and maintain the integrity of the will, even though the law permits it.

Holographic Will
A holographic will is a handwritten document wherein there are no witnesses who have seen the testator sign the will. These types of wills come into play when there is an urgent circumstance or any circumstance wherein the testator won’t be able to participate in establishing a formal will. 
They function as a final option. Holographic wills are less efficacious than witnessed wills due to the absence of legal endorsement from witnesses, rendering them susceptible to objections about their genuineness and the mental competence of the testator at the time of drafting. Holographic wills may be unrecognized in certain countries, while in others, they are subject to meticulous examination to ensure their authenticity, which involves verifying the handwriting and mental capacity of the testator.

Mirror Will
Mirror wills are testamentary documents jointly written by two persons, usually married couples, in which they prepare identical wills bequeathing their respective assets to each other upon their demise. This testamentary document guarantees that the entirety of the inheritance will be given to the surviving spouse, with provisions for the allocation of assets to other beneficiaries, such as children, upon the passing of the second spouse. 
Mirror wills offer a direct approach for couples to guarantee that their desires are accurately represented in the wills of both individuals. It is crucial to acknowledge that mirror wills do not possess legal validity, and each spouse has the freedom to modify their will without informing the other party. This presents the chance for flexibility, but also gives rise to the potential for prejudiced alterations.

Mutual Will
Mutual wills are a type of agreements wherein the partners agree to create interdependent and irreversible wills. This sort of arrangement is helpful in ensuring and guaranteeing that the surviving spouse is legally compelled to stand by the clauses and conditions that were agreed upon by the both of them, thus, preventing the surviving spouse from changing the will after their partner has been deceased. 
These types of wills are made to ensure that the estate is distributed to the intended beneficiaries which often are the couple's children, rather than to a new spouse or other receivers, in line with the terms that have been mutually agreed upon. Mutual wills are legally binding, and therefore they must be drafted with the utmost care so as to avoid any unnecessary legal disputes. It should also be ensured that all the requisite legal requirements and the intended intentions of the partners are accurately established and reflected in the will.

Living Will
A living will, which is also referred to as an advance directive, is a legal document that outlines an individual's preferences for medical treatment in the event that they are unable to communicate their decisions and are incapacitated. This type of will addresses critical healthcare decisions, such as the use of life-sustaining therapies and resuscitation. 
The purpose of living wills is to ensure that an individual's medical wishes and desires are respected at a time when some critical decision has to be taken regarding his treatment. The will assists by giving doctors and family members express and unambiguous instructions, which helps in avoiding any sort of hassle in the treatment. In contrast to other types of wills, which pertain to the distribution of assets after death, a living will is designed to address healthcare decisions, thereby offering assurance regarding medical care.

Pour – Over Will
A pour over will has the purpose of working along with a living trust and making sure that any assets or estates that were not included in such a trust during the time the testator was alive would be transferred to the said living trust at the time of the testator’s demise. This type of will is good to ensure that the testator's assets are administered and allocated in line with the conditions of the trust and thus is a good in-depth solution for inheritance and estate planning.
Pour-over will simplify the probate procedure by integrating the management of the estate inside the trust, ensuring that no assets are unintentionally left out of the trust's terms. This ensures that there is an efficient and smooth transfer of ownership of such inheritance or estate. 

Essential Components Of A Will
It is required to carefully analyse and make sure that all the essential and requisite components are included when making a will so as to make sure that the same is legitimate and effective. The will should start by mentioning all the personal details of the testator. This includes the testator's complete name, residence, birthday, and any additional names (alias) they could identify with. Following this, there should be the date of the will's creation specified in detail in a way that it provides essential information on the history and chronology of the will to be established.
Next thing is to make sure that the will clearly expresses and represents the testator's intention, the same should indicate the finality of the testator's wishes in the sense that whatever's being written in the will are the final wishes. Such a finality clause of wishes is something that distinguishes the will from other documents, emphasizing the testator's intention to distribute their assets according to their specifications. It is essential to have a declaration that verifies the testator's mental capacity and freedom from coercion during the drafting process.
Another crucial component of the will is to provide a detailed list of all the assets and properties. In order to ensure that the asset distribution is balance and the everything is properly allocated to the requisite beneficiaries, it is important that the testator should include a list of all their money, real estate, company shares, personal possessions, and other valuables. Each of these should clearly be identified with each beneficiary, whether they be friends, family, companies, trust funds, or charitable organizations, such identification is crucial. In order to handle situations in which the principal beneficiaries are unable to inherit, it is advised to think about incorporating contingent beneficiaries. A contingent beneficiary is a person who inherits property or any such estate or possession of the testator that was intended for the primary beneficiary but the primary beneficiary either passes away before receiving the property or refuses to claim it.

A will can only be said to be legally valid and enforceable when the testator gives the confirmation regarding the same and ultimately approves it. For the same, the will requires the testator's signature and in addition to the same, it is fairly common for multiple witnesses to also sign the document. This is done to guarantee the will's veracity in court by validating it and ensuring that it satisfies all legal requirements. This step is essential for avoiding conflicts and guaranteeing the seamless fulfillment of the testator's ultimate desires.

By thoroughly examining and incorporating these factors, the testator can craft a precise and legally valid document that successfully communicates their ultimate desires and reduces the likelihood of any confusion or disagreements among beneficiaries. This comprehensive method guarantees that the testator's wishes are respected, offering reassurance and protection for their family members.

Preliminary Considerations

In order to avoid any potential confusion among the persons or family members, the testator must precisely define and explain all sorts of property while creating a will when it comes to the specifics of the estate or inheritance. A detailed description of any immovable property, such as homes, businesses, or residential sites, together with all of their addresses and any other relevant identifying information, must be provided. 
These sorts of information and understanding are crucial in ensuring that the inheritance or estate being passed on is fully recognized and the testator's desires are well known by the recipients. Moreover, this also diminishes the probability of any potential ambiguity among the people or family members.
Furthermore, there is a need to give a detailed and accurate report of the testator's movable property too. Such moveable property includes things like jewels, cars, furniture, artwork, and other similar personal possessions. Also, it's critical to give precise information on movable assets like cash, stocks, and other investments.
Regarding the testator's financial assets, it is also necessary for him/her to provide a comprehensive description regarding the same. Such assets would include bank accounts, fixed deposits, mutual fund investments, insurance policies, and the contents of any bank safes and also the testator should also provide other important information, such as account or folio numbers. This thorough description during the establishment of the will decreases the likelihood of beneficiary conflicts by ensuring that the testator's intentions are carried out smoothly and understandably.
An executor, while not legally required, greatly simplifies the process of carrying out a will. Upon the testator's passing, it is the duty of the person in possession of the original or a copy of the will to read it to the family (prior to probate) and manage the settlement of debts using the assets, followed by the distribution of the estate as outlined in the will.
Although not mandatory, having an executor is vital during the probate procedure. The probate procedure entails verifying the authenticity of a will and vesting the executor with the power to administer the estate. In the absence of a designated executor, the lawful beneficiaries will be required to seek a Letter of Administration from a competent court. This will grant them rights similar to those of an executor. 
Completing this process may require more effort and take longer when compared to appointing an executor in the will. By doing so, the executor can apply for probate and efficiently handle the distribution of assets.
Given the crucial significance of an executor, it is strongly advised to select an individual who exhibits firm ethical principles and can be trusted. It is advisable to choose an executor who is both not a beneficiary of the will and younger than the person making the will. This makes it less likely that the executor will die before the beneficiary.
Another very important job of the executor is to make sure that the testator's wishes are carried out correctly and quickly, which builds trust between the testator and the recipients. Additionally, by carefully selecting a competent executor, a person may ensure that the transfer of assets proceeds without hiccups and prevent any potential issues, contributing to the preservation of family harmony and preventing needless disputes.
As per the provisions of the Indian Succession Act, 1925, a probate serves as an authoritative confirmation of the validity of a will. A probate is granted to the executor or the one who has been permitted to carry out or execute the will. The probates are granted to the executors of a will, which further empowers and enables them to lawfully carry out the instructions of the testator as per the will along with the court's official approval. 
In a scenario wherein such an executor is absent from the will, the court issues a letter of administration instead of a probate. Upon the submission of a probate application and the verification of the will, the court maintains the original document and provides the executor with a certificate confirming its validity (the probate) along with a copy of the will.
Probate is another important process within the probate process is necessary to legally validate and authenticate a will. 
Furthermore, the executor mentioned in the will typically begin the process by submitting an application to a competent court. Probating a will is a necessary process in Mumbai, Chennai, and Kolkata, and may also be necessary in other states under certain circumstances, especially when it comes to transferring immovable property.
A probate court is a place which has the responsibility to analyse the validity of the will that is to be established and release the letters of administration attaching it with the will in question. The court analyses and determines the legitimacy of the will and also goes on to certify and clear that whether the testator was in the right mental capacity during the creation of the will and whether the said will in question, satisfies all the legal requirements or not. 
In the initial phase of the probate procedure a petition containing information about the deceased individual, the will in question, the beneficiaries and the assets are to be submitted to the court. Following the same, the families, relatives, etc. of the kin are served with a notice, thus giving them a chance to express any concerns or uncertainties that they might have. 
When the court has analysed and determined the will as a legitimate one that is when it grants a probate order and this give the executor the power to distribute the possessions or the inheritance legally as according to the will in question.
The court which has jurisdiction over the probation of a will is decided by the place where the deceased testator lived and from the place wherein the assets in question are located. A single probate application will suffice if the immovable property is located in more than one location, and such application would have countrywide jurisdiction in India. This thorough method ensures that the will is executed in accordance with the intended desires and helps to prevent disputes among the beneficiaries.
 

Drafting The Will
In order to achieve clarity and avoid any potential misunderstandings, it is important to draft a will using straightforward and uncomplicated language. It is crucial for the testator to have a complete understanding of the will's contents. The will can be written in their native language or translated as needed, and the entire process can be video-recorded to ensure transparency. It is important to include a thorough compilation of all assets and liabilities, encompassing immovable properties, bank deposits, share certificates, investments, and mutual funds. 
When creating a will, it is important for the testator to carefully evaluate the nature of their assets and determine if they can all be properly distributed. It is crucial to precisely indicate the beneficiaries or inheritors and account for any unforeseen circumstances, such as the demise of an inheritor, before the will is drafted. The will should explicitly state the reasons for excluding immediate family members who would otherwise be entitled to inherit, thereby establishing evidence of its validity.
Furthermore, it is very important for the will to explicitly specify the testator's intentions for each asset that is being written in the will. Also, several factors like the value and the nature of the assets that are to be allocated have to be considered. The will can also look into the incorporation of a life interest clause, if the testator wishes to do so.
For example, it could examine a scenario where a husband permits his wife to reside in their home for her lifetime, after which ownership is transferred to their children. There is an essential role of witnesses in this whole procedure. It is necessary to have at least two responsible adults who can independently witness the testator signing the will. 
The document must be signed by these witnesses in the presence of the testator. There is a general preference for witnesses who are trustworthy and reliable, and who are likely to outlive the testator. It is also advantageous for beneficiaries to refrain from acting as witnesses.
 It is important to attach a medical certificate to the will, the same should certify and establish the mental capacity of the testator while the will was being made. While it is not required to register a will, it is highly recommended to do so in order to establish its authenticity and minimize the likelihood of disagreements.
It is crucial to store the will in a secure location and inform trustworthy individuals of its whereabouts to prevent any negative effects on family relationships. Under specific circumstances, such as when the will relates to immovable property within certain jurisdictions like the High Courts of Calcutta, Madras, and Bombay, probate is necessary. 
It is also necessary to choose a right executor, which further ensures that the wishes of the testator are carried out in the correct manner. Lastly, it is crucial to mention that the will can be adjusted to suit any alterations in the testator's circumstances, guaranteeing that it aligns with their future desires. 

Necessary Documents For Will Registration

In order to guarantee the legal validity of the Will registration procedure, there are some documents that must be presented and submitted. In order for the individual or the testator to create and establish a will, they need to go to the sub registrar’s office with two photographs of themselves. The testator's mental competence must be certified by a physician who holds an MD or MBBS degree.
The original signed Will, as well as the presence of two witnesses who each present two photographs, must be submitted. Furthermore, a photograph of the testator is necessary. Both such witnesses present must also provide proof of their identity and their place of residence.
It is essential to provide documentation that indicates the address of the Will creator, as well as a PAN card for both the Will maker and the witnesses. These documents collectively guarantee that the registration process is legal, complete, and verifiable, thereby establishing a strong foundation for the execution of the Will.

Registration Of The Will
The testator has to start by visiting the sub-registrar's office of their residential area or of that area wherein they have the majority of their estate in order to register a will. It is also imperative that they bring the original will to ensure its authenticity and smooth registration.
A will has no specific timeframe to be registered in and it can be registered anytime the testator wants, this is in contrast to other documents that are timebound and have some specific periods of registration that an individual has to follow. A no-timeframe system of registration allows the testator to keep the contents of the will as confidential if such a thing is required by them.
Next, the registrar comprehensively reviews the will upon its arrival in order to ensure that the same complies with the required legal standards, while also determining and rectifying any potential legal errors. After the said examination and analysis, the testator is asked to visit the office at a scheduled time and the registration process is then finalized in a structured and in an effective manner.
A nominal fee, which may differ from state to state, must be paid by the testator to the government in order to finalize the registration. A testator must satisfy the said financial obligation and would be held accountable in a scenario where the same is not done. Additionally, the registration process necessitates the presence of two witnesses.
The authenticity and legality of the process are significantly demonstrated by these witnesses. After the completion of the aforementioned procedure, the testator or any of his authorised representatives would receive an official copy of the registered will. The same can be considered a formal acceptance of the will, and the same means that the will is now formally registered. Usually, the said official copy is sent within a week of the completion of the registration process, but it depends upon the regulations and provisions of the particular state governing this topic. 
The registration procedure of the will is very comprehensive and thorough, which helps in ensuring that the will in question is genuine, is legally binding and is free of any ambiguities regarding the distribution of the estate and the legacy.
There isn’t any mandatory need for using complex legal terminologies while creating a will and the same may be written, printed, or typed in a simple and direct way so as to ensure that the will in question can be easily understood by those people who are not experts of law or who don’t have much knowledge about the said terminologies. Further, this adaptability with regards to the language enables the testator to convey their wishes without having to make use of complex legal language and terminologies. It is also worth noting that there are no stamp duty charges associated with establishing a will, which removes any financial obstacles and makes the procedure easier for the person making the will.

Although not obligatory according to Section 18(c) of the Registration Act, 1908, registering a will might offer notable benefits. By registering a will, its legal validity can be strengthened, and it can be safeguarded against any conflicts. The procedure is presenting the will to the registrar in a securely sealed envelope, containing the name of the testator, as stipulated in Section 42. Furthermore, Section 40 grants the testator, or any anyone asserting rights under the will following the testator's demise, the authority to submit it for registration.
The legal validity of a will requires the attestation of two or more witnesses. Witnesses are required to visually perceive the testator physically signing the will or making their mark, or alternatively, witness someone else doing so on the testator's instruction. In addition to this, it is the role of the testator to personally confirm the authenticity of their signature or mark to the witnesses, who will then proceed to sign the will in the presence of the testator. It is neither necessary for all the witnesses to be present at the same time nor is there a fixed form of how they are to attest to the will, and this allows for some flexibility.

Recent And Important Judgements

In the case Vikrant Kapila & Anr. vs. Pankaja Panda & Ors [2023 INSC 897], the High Court of Delhi highlighted that in order to bring out and determine the true intentions of the testator, it is very crucial for the court to read the tone and contents of the will in a more meaningful and rationalized manner. It was further emphasized by the court that it was important to read each provision given in the will as a whole and not individually, and that equal weight and importance should be given to all such provisions and, as such, should be read in a holistic manner. 
The court compared the terms of a will to sailors on a ship, highlighting that each clause has a distinct function but must cooperate towards a shared objective. Consequently, the court emphasized the need for a consistent interpretation of the will in all situations.
Moreover, the court stated that if a will includes a provision giving unrestricted rights, it cannot be followed by provisions that impose limited rights. An absolute right is a fully acknowledged and unrestricted entitlement that cannot be limited by any future circumstances. 
The court emphasized the need to take into account contextual factors, such as the testator's personal history, social standing, and familial connections, in order to determine the genuine intention behind the will. The ultimate goal is to identify the legal rights of the beneficiaries and precisely determine the true intentions of the person who made the will.
 In the case of Swarnalatha and Ors v. Kalavathy and Ors [AIR 2022 SC 1585], the Supreme Court stated that the fairness and justice of a testator's distribution to their children are not considered for determining the authenticity of a will's execution. The Court stressed that Article 14 is not applicable to dispositions made under a will. 
During a legal dispute presided over by Justices Hemant Gupta and V. Ramasubramaniam, it was noted that a daughter had been intentionally left out of her parents' wills. The absence of a legitimate successor alone does not provide sufficient reason to doubt the validity of the will. Suspicion typically develops when there is a question over the testator's signature or mental competence.
The case revolved around a couple named Mannar Reddiar and Adhilakshmiammal, who had two boys, V.M. Chandrasekaran and V.M. Sivakumar, and a daughter, Kalavathy. Adhilakshmiammal had died in the year 1995 and had left her possessions to both of her sons but had excluded Kalavathy, and it was contended that this is because she had been given much already. Furthermore, Mannar Reddiar passed away in the year 2000 and had bequeathed his estates to his sons and grandkids; here again Kalavathy was made an exception, but Mannar's will contained reasons for such exclusion.
It is also to be noted that VM Chandrasekaran had passed away in the year 1999 and had left behind Swarnalatha (wife) and two sons (C. Karthikeyan and C. Rishikesan). Both of these sons had appealed to the Supreme Court in relation to the district court's probate for their grandfather's will, which was overturned by the High Court of Madras. Following this, Kalavathy, the daughter, and V.M. Sivakumar, the surviving son, had initiated legal proceedings to split the assets and the property. After receiving this information, the appellants submitted a probate petition under Sections 270, 276, and 289 of the Act, and it was approved. Nevertheless, the Madras High Court overturned this ruling, noting dubious circumstances surrounding the implementation of both wills.
The Supreme Court, however, observed that Kalavathy's daughter had wedded her uncle, V.M. Sivakumar. The Court deemed this marriage to be a rational justification for the conditions of the will and said, "It is not challenging for an impartial intellect to comprehend the motives behind the union of the testators' daughter and second son. The Court observed that the estates had been equally distributed among the two sons. Furthermore, the family of Kalavathy will ultimately receive increased advantages as a result of the marriage of his daughter to Sivakumar. The Court noted that the High Court had neglected to address this matter and had analyzed the wills with an excessive degree of skepticism.
The Supreme Court determined that the justifications presented in the will for omitting Kalavathy were compelling and inherent. As a result, the Court upheld the appeal made by V.M. Chandrasekaran's sons, confirming the probate that was awarded by the District Court.
 The purpose behind the creation of the Will is to clearly lay down the wants and desires of the testators in relation to the distribution of their possessions, inheritance, etc., but given the nature of the document, there are often various reasons that arise based upon which the a Will in question is challenged. 
In India, it is fairly common for an individual to challenge a will, this is especially true in scenarios involving valuable and important assets and estates or there is a complexity within the familial relations. Common grounds that are often contended is the use of undue influence, and it is argued that the testator was tricked or was forced into making the clauses of the will in question and that the said decisions wouldn't have been taken otherwise by the testator had the condition been normal and ordinary.
In order to prove undue influence, it is required that enough evidence be shown that demonstrates and makes it clear that the testator's decision-making process was manipulated and comprised by another person, and had the same not been there, there could have been a different decision. Subsequently, the point is to prove that the freedom of independent decision-making was compromised. Some contend that the testator was incapable of grasping the implications of their choices when they drafted the will, frequently as a result of considerations such as advanced age, sickness, or mental disorders. Concerns may arise regarding fraud or forgery in certain cases, such as when there are suspicious circumstances surrounding the creation of the will or if it can be proven that the testator was deceived into signing it. There can be legal difficulties that arise due to the failure of not following the proper procedure as stipulated by the Indian Succession Act. 
The act has laid down certain essential provisions that need to be followed and kept in mind while establishing a will. Furthermore, if it is discovered that there is a new will that is in presence or another such will that has been made after the establishment of the previous one, then only the new will would be considered valid and would supersede the earlier one. This also may give rise to problems regarding which one of the wills accurately captures the testator's desires and wishes regarding the legacy and inheritance.
Finally, a will can also be challenged if the same contains language that isn’t clear or the provisions haven’t been communicated in a clear tone, as the same becomes the cause of disagreements and conflict between the family members or other beneficiaries, as they may interpret the contents in a way that benefits them the most. By having knowledge of these prevalent sources of issues, individuals may take a proactive approach in creating their Wills, therefore reducing the likelihood of conflicts and ensuring that their desires are clearly articulated and legally safeguarded.

Frequently Asked Questions

1. What are the things that invalidate a will?
A will is considered invalid if it is created by an individual who lacks the mental capacity to do so, either owing to insanity, disease, or old age. Furthermore, the legal validity of a document is nullified if it is created via the use of force, fraud, or coercion.

2. What are the key and essential components that an individual should keep in mind while making a will?

Some of the important factors that should be kept in mind while establishing a will are that clear and accurate information shall be laid down with respect to the allocation of assets; in the case of minors, there should be proper allocation of guardians for children; and proper appointments for executors should be kept in mind.

3. What is the process for composing a legally sound will?
An effective and legally strong will may be composed by carefully compiling a comprehensive inventory of assets, clearly delineating the distribution of assets, regularly updating the will, and appointing a reliable executor.