Probate granted / partition suit pending.

Brigu Kumar (Querist) 29 July 2017 This query is : Resolved
High Court has granted Probate for the Will of a property but Partition Suit is pending in City Civil Court for same property. Is it possible to have Right, Title and Interest in the said property at this stage? If not, what should be done? What is required to have name of Beneficiary included in the Title of the property and within how much time?

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Kumar Doab (Expert) 29 July 2017
The WILL must be having narration of share/rights of beneficiary(ies).

Once probated it bears stamp of court and is genuine.

Rajendra K Goyal (Expert) 29 July 2017
Beneficiary should apply in the suit to consider them as party as their interest is involved.

They can claim undivided share and get it mutated as per probate.

Kumar Doab (Expert) 29 July 2017
If the beneficiary is also Legal heir then he/she must have received notice from court hearing partition matter.

Partition suit is obviously filed by legal heirs and they might have received the notice from probate court.

Is beneficiary unwilling to appraise the court hearing partition suit, of probate of WILL!

Dr J C Vashista (Expert) 31 July 2017
1. You have stated that probate has already been granted in favour of beneficiary of will, it is obvious the beneficiary acquired title of the property, what is the doubt/question qua title of the suit property?
2. Your later (subsequent) question is vague (not followed properly)
3. Incomplete information can not lead to form an opinion and advise, for that entire case file is required to be perused.
4. Discuss with a local senior (prudent) lawyer.

Brigu Kumar (Querist) 31 July 2017
Yes Sir, I get your point. Probate is granted by High Court for half of the property. At the same time Partition Suit also filed. Would this enable you to clarify the matter?

Brigu Kumar (Querist) 31 July 2017
Further, there are 10 sons/daughters of deceased uncles named in Partition Suit. Out of these, one cousin gets Probate. Property can not be divided/split vertically. Hope this is enough.