Partition

SESHAGIRI (Querist) 13 March 2013 This query is : Resolved
father had purchased the immobable propert during his life time exeucted the registered Will in favour of son and daughter and equal share and also made seprate schedule for son and daughter in the said Will, the possession with the son's and his legal heirs, whether the daughter to claim the partition as per the Will or prabate as they are Hindu joint family, the father and his son was died. I am the daughter.

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Devajyoti Barman (Expert) 13 March 2013
When Will is there , taking of Probate is the only option.
One can seek partition only if he/she dispute the validity of the Will.

Rajeev Kumar (Expert) 13 March 2013
If there is a will then taking the probate is only option and you can claim for possession of your share according to the schedule of will.

Rajeev Kumar (Expert) 13 March 2013
Is it within 3 years of the death of testator.

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