In this 'Leading Questions' section, Varun Singh analyses how allegations of dementia, undue influence, and exclusion of natural heirs have turned India’s largest business legacy, valuing over ₹40,000 crore, into a prolonged legal battle over testamentary capacity and lawful succession.

Question: Does registration of a Will conclusively establish its legality and immunity from judicial challenge under Hindu succession law?

Answer: Registration of a Will does not confer absolute validity or shield it from challenge. Courts treat registration as a supporting circumstance, not conclusive proof. The propounder must still establish due execution, testamentary capacity, and absence of coercion. Where suspicious circumstances exist, including exclusion of natural heirs or infirmity, the burden shifts heavily onto the beneficiary to dispel judicial doubt through credible and independent evidence.

Question: What constitutes testamentary capacity, and how do courts determine whether a testator possessed it at execution?

Answer: Testamentary capacity requires the testator to understand the nature of making a Will, the extent of property, and the claims of persons entitled to inherit. Courts assess capacity through medical records, contemporaneous conduct, witness testimony, and surrounding circumstances. The inquiry focuses on the mental condition at the precise time of execution, not merely before or after, applying a strict evidentiary threshold. Most importantly, the testator should have a sound mind at the time of executing the will.

Question: Does long-term cohabitation or a live-in relationship create inheritance rights under Indian succession laws?

Answer: Indian succession law does not recognise live-in partners as legal heirs solely due to cohabitation. Inheritance rights arise only through lawful marriage or a valid testamentary bequest. While courts have extended limited protections in maintenance contexts, succession and ownership of estate assets remain governed by statutory heirship and testamentary instruments alone.

Question: What is the scope of inquiry conducted by probate courts while adjudicating contested Wills?

Answer: Probate courts examine only the genuineness and validity of the Will and do not decide questions of title or ownership. Their inquiry is limited to due execution and attestation, testamentary capacity, voluntariness, absence of suspicious circumstances, and the credibility and independence of attesting witnesses. Issues such as fraud, coercion, or forgery are considered only to the extent they affect the validity of the Will, while substantive property rights are adjudicated separately in appropriate civil proceedings.

Question: Why do courts sometimes place estates under judicial supervision during ongoing succession disputes?

Answer: Courts place estates under judicial supervision during succession disputes to prevent dissipation, misappropriation, or irreversible alteration of estate assets. In situations involving allegations of incapacity, fraud, or misuse, courts prioritise preservation by placing the estate in custodia legis, ensuring that the property remains under the protection and control of the court. To this end, courts may appoint an administrator under Section 247 of the Succession Act to manage and preserve the estate, maintain the status quo, safeguard competing interests, and ensure that the estate’s integrity is protected until succession rights are finally adjudicated.

Registration alone cannot cure infirm execution or suspicious conduct. Courts consistently apply substance over form, particularly where vulnerability, exclusion of heirs, and influence intersect. Sound succession planning, supported by medical clarity and transparency, remains essential to prevent estates from devolving into protracted, multi-forum litigation.

Varun Singh is the Founder and Managing Partner of Foresight Law Offices India.