Property

Pradeep (Querist) 26 August 2017 This query is : Resolved
Respected Sir, My father executed Will in 2004 and both my parents died in the same year in an accident. We got probate in March 2017. After getting probate of Will, in how much time my opposite party(my sister) has to file for partition suit as she is not ready to go as per Will citing a reason that 1 or 2 properties are ancestral in nature. Since, 12 years have passed since the WILL came into force, can they claim in any other way(other than WILL).

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R.K Nanda (Expert) 26 August 2017
ur sister can file partition suit in court.

Rudrawar Narayanreddy (Expert) 26 August 2017
Date of death is not given. If your father died before 9 September 2005 your sister will not get equal share as per Prakash vs phulvati case. No limitation to file partition suit but when right is denied to her knowlefge she has to patrtition suit within 22 years. If there was objection to probate, it should have been turned into suit. Whether your sister appeared in the case?
If not appeared she may challenge probate.

Rajendra K Goyal (Expert) 26 August 2017
Full case file need to be referred, discuss with your lawyer.

However, in the given circumstances, agree with the expert R.K. Nanda.

Pradeep (Querist) 26 August 2017
In another civil case(in cross examination) unrelated to Probate two years back, my sister had agreed to take properties as per WILL. Now that she has given statement (that she will enjoy properties as per Will) does she have right to file for partition suit(by going against the Will).

Kumar Doab (Expert) 26 August 2017
As per your post father ( Testator) has died in year 2004.

Are you sure that the property that being termed as the ancestral property is ancestral property?

Pradeep (Querist) 27 August 2017
No all are self acquired. Now can she retract from her statement (that she will enjoy properties which given to her in the WILL).