Partition and Will

Querist : Anonymous (Querist) 04 November 2009 This query is : Resolved
Sir,

My sister got fabricated will and I have challenged the will in the Court and My suit for Partition was dismissed only on the ground of mutation without scrutnising the Will. Now the case is in the High Court. My sister constructed the House.

How the court will decide on the partition.

I have not asked for probate in the lower court but now I asked for probate in the High Court whether the will is decided by the High Court or lower court.

Kindly let me know

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Sachin Bhatia (Expert) 04 November 2009
File a Suit for declaration praying that the will be declared null and void.

Raj Kumar Makkad (Expert) 04 November 2009
I can be agree with Sachin. As the matter wherein the will is also involved before High Court, no fresh suit can be filed before lower court seeking declaration of will as null and void. You have already moved an application before HC for probate and now depends upon HC whether to decide it at their own level or to send the matter back to the lower court to decide this fact on merit.

Querist : Anonymous (Querist) 10 November 2009
Thank you for the advise. I really appreciate your suggestions in this regard. At this time when there are too much legal complications involved in any ones life true guidance is only the solace for the common man. The current website is serving the people. I once again thank you.

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