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Mother Willed property to me now brother filed partition suit
19-Oct-2023 (In Property Law)
my late mother had done one registered will in my favour of one proprerty in delhi. now my one brother have filed partition suit against me in civil court. is there is any necessarity to file probate other court for prove of guineness of same will
The will is itsef genuine if it is registered. Unregsitered will need to be finalise by probate but if your brother has filed suit for partition then u hv to contest but best way for ur brother was to challange the will not to file any partition suit
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Adv. Manoj Kumar
Delhi | 200+ Answers
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Without seeing plaint of partition suit it can not be told whether or not probate is to be filed. In your written statement you should take defence of the Will but court may require you to prove the Will.
You may contact me if so desire.
You may contact me if so desire.
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Adv. S P Srivastava
Delhi | 200+ Answers
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Generally its not necessary in Delhi to go for probate of will.. but once now your brother has already filed a suit for partition and the moment you resist it on basis of the will, he will deny and dispute the will. It's better you go for probate of the will and once it is proved, the partition suit will be dismissed.
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Adv. Ashutosh Dubey
Delhi | 100+ Answers
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In Delhi Will is not required to be probated. you may take a defense of Will in the suit for partition and have to prove its authenticity therein in your evidence. The disputes if any with regard to the genuineness of the Will can be decided by teh Court where Partition suit is pending.
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Adv. Sumit Sarna
Delhi | 25+ Answers
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Sir, you may produce the said Will in the civil court to meet the suit filed by your brother and prove the same in accordance with law. If you succeed you may have the same implemented without separately having the Will probated
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Adv. Rajat Joseph
Delhi | 200+ Answers
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