Yes, a will can be challenged on the grounds of lack of mental capacity if there is reasonable evidence that the person making the will did not understand the nature and consequences of their actions at the time the will was executed.
Under Indian law, a person making a will (the testator) should have sufficient mental capacity to understand that they are making a will, understand the nature and extent of their property, and recognize the people who would normally have a claim to their estate. Merely being elderly, physically ill, or suffering from a medical condition does not automatically make a will invalid.
A will may be challenged if it can be shown that the testator was suffering from a mental condition, severe cognitive impairment, or other circumstances that prevented them from understanding what they were doing. Evidence such as medical records, statements from witnesses, the circumstances surrounding execution of the will, and the testator's conduct before and after making the will may be relevant.
The person challenging the will generally needs to provide evidence supporting the allegation. If a court finds that the testator lacked the required mental capacity when the will was made, the will may be declared invalid, and the estate may then be distributed according to the applicable succession law or an earlier valid will.
It is advisable to consult a qualified succession or property lawyer because the outcome depends heavily on the facts and evidence surrounding the execution of the will.
