Will Rejection of Plaint applicable?

Sunlawseeker (Querist) 21 August 2010 This query is : Resolved
Dear Advocate !

In one case, A father died after bequeathing his both self acquired and ancestral property to his 3 sons out of 7 children in the year of 1993.

1 female heir is died leaving 3 as her legal heirs including her husband.

two sons who are beneficiaries of the WILL were filed a suit along with other 3 claiming partition from his elder brother.

The ancestral property was bequeathed to him.

My doubt is :

Is this suit is maintainable?

Can it be Rejected as per Order 7 Rule 11?

Any other option to solve this suit in favour of that elder son who is first defendant of the suit.

Thanking you

Regards

V. Sundaresan

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Chanchal Nag Chowdhury (Expert) 21 August 2010
Has the will been probated?
It is not clear who was given what & who is claiming what.
Generally such suits are not rejected summarily.