ravisharma 21 July 2018

Declaration and partition suit

My friend had a land. In 2009 one of his son filed declaration and partition suit alleging property to be huf. During suit in 2010, my friend died leaving behind registered will dt 2008 where he gave property to his sons and daughters but excluding other son which has filed case. The will has been produced in court which is not challenged till date. Now I am unable to understand how the appellant can continue his case without challenging will? Untill and unless he seeks will null and void, will he be able to get partition done? Is there any provision or case where it is established the same. Thanks in advance.

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Adv Deepak Joshi +917017821512 (Advocate) 21 July 2018

Property is ancestral or self acquired or HUF ?

In case of ancestral or self acquired your friend has all right to dispose the property with his valid WILL. In case of HUF property will be conveyed as facts of case.

P. Venu (Advocate) 21 July 2018

Who is in possession/occupation of the property?

ravisharma 21 July 2018

The heirs according to will are in possession. The excluded son used to leave elsewhere but he is claiming constructive possession as coparcener.

ravisharma 21 July 2018

The heirs according to will are in possession. The excluded son used to leave elsewhere but he is claiming constructive possession as coparcener.

ravisharma 21 July 2018

The heirs according to will are in possession. The excluded son used to leave elsewhere but he is claiming constructive possession as coparcener.

Dr J C Vashista (Advocate) 22 July 2018

What is the opinion and advise of your friend's lawyer who is well aware about the facts and circumstances of the case, which is missing or concealed in this post?