Partition claim wholly - maintainable ?

unique horn (Querist) 07 December 2014 This query is : Resolved
Dear Experts Please answer my query,

A Hindu family consists of a Father and 2 son, father died leaving a "will" of his "self-accrued" house to his elder son alone. Now elder son filed a "suit for partition" claiming whole house under the will.He says younger son not having any share in house.

Query:

1. Is the "suit for partition" claiming "wholly" under will is maintainable or he have to file suit for declaration?

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Guest (Expert) 07 December 2014
When the Property is Self Acquired The Will is Valid and The Will to be Probated in Court before Executing.

Advocate. Arunagiri (Expert) 07 December 2014
1. What do you mean by self accrued house and whole house? these two are different or same.

2. Where is the property located?

3. Does the Suit for partition include any other property other than the property mentioned in WILL?

ajay sethi (Expert) 07 December 2014
if elder son is claiming property through will then he has to apply for probate of the will . why suit for partition ?