Cancellation of will
Ravi
(Querist) 05 July 2016
This query is : Resolved
can we file separate suit for cancellation of will when we alraedy file the suit for partition
R.K Nanda
(Expert) 05 July 2016
Yes u can file.
H.M.Patnaik
(Expert) 05 July 2016
Yes, you can move in appeal simultaneously.
Ravi
(Querist) 05 July 2016
client is one of three brother he file the suit of partition when his mother died in whose name is the property, after the suit other brother produce a will of mother in which whole property is his name, so i am asking can we file another suit for cancellation of will or not
J K Agrawal
(Expert) 06 July 2016
A will can never be challenge in partition suit. The only way with you to challenge the will in proper court. The only court which can decide upon will is probate court. So you should file an application to refer the issue of will to referred to the Probate Court.
Some time it happens that the same court is trying the partition suit and the same court is having jurisdiction of Probate. Even though, the proceedings of particular issue of validity of Will should be tried by a separate trial in probate Court.
Ravi
(Querist) 06 July 2016
is there is any judgement on similar type of case ?
Guest
(Expert) 06 July 2016
Mr. Ravi,
Yours seems to be merely an academic query.
As per your profile, you do not seem to be a lawyer. So, how one of the three brothers happen to be your client?
I also wonder on your question, "is there is any judgement on similar type of case"? By the way, if not a lawyer, how do you propose to use the judgment, if any, you get, when the experts have guided you appropriately? Moreover, if a lawyer, why not you search for the judgment yourself, and expect others to do your own homework?
Kumar Doab
(Expert) 06 July 2016
Beyond this you may approach a very able counsel in person and consult for a considered and detailed opinion.
Ravi
(Querist) 07 July 2016
Thank u for your insight .
