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partition suit for property under probate case

My grandfather wrote will for the property to be divided between sons only and not his daughter.

The sons filed order of probate , then daughter questioned genuineness of will and case was converted to Testamentary original suit ( TOS ) and the case is not yet closed and is still in progress .

Now daughter filed another case for partion suit.

Will this partition case be tagged with TOS case or considered seperately  ? The reason I am asking is because the TOS case itself is not closed and if the sons win, partition suit filed by daughters may get invalidated ( this is my assumption)

Please advice what will happen to the partion suit for such a questioned property

Lawyer at Supreme Court of India



Move an application before the concerned partition suit, that their title is not clear yet and how can they claim partition, rather the daughters should have filed the declration suit and then could have sough partition.


Warm Regards

Kapil Chandna Advocate


Total likes : 1 times



As already advised make the position clear to court.




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