Partition suit vs probate documents
4 years ago
My sister filed partition suit case..but i have probate of the property..can i win partition suit case against my sister?
A.Dear Sir,
It all depends upon proving or non proving of Will involved. Probate certificate is a strong document in your favour.
Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
It all depends upon proving or non proving of Will involved. Probate certificate is a strong document in your favour.
Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
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Pavan kumar Gudipati
Responded 4 years ago
A.If property on Ancestral Property, Your sister has a right of Partition, that will override Will of a person, as Will is Illegal and void. If self acquired property, then will prevails.
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Meenakshi Garg
Responded 4 years ago
A.Dear client,
If your sister has filed a partition suit but you have Will in your favour then you should file probate/testamentary case as soon as possible.
The proceedings of probate case and partition suits are different but if you are able to prove the Will in your probate case then your sister's partition suit will be dismissed in light of your probate case order in your favour. You can surely win the case but depending upon the situation that you will be able to prove the Will in your favour or not.
For any further query you can contact me.
If your sister has filed a partition suit but you have Will in your favour then you should file probate/testamentary case as soon as possible.
The proceedings of probate case and partition suits are different but if you are able to prove the Will in your probate case then your sister's partition suit will be dismissed in light of your probate case order in your favour. You can surely win the case but depending upon the situation that you will be able to prove the Will in your favour or not.
For any further query you can contact me.
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mudassir hussain
Responded 4 years ago
A.Assuming that the property does not form part of Hindu Undivided Family and that you have valid probate documents, you have nothing to worry. Your sister will not succeed in a case against you.
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Jagannath S Pawar
Responded 4 years ago
A.Entire documents need to b seen before advice. Thanks
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