'A' files a suit for partition in the High Court of Delhi against her brother 'B'. 'B' relies upon a…
The partition court can frame an issue about the will's genuineness and validity, which 'B' can establish without seeking probate. Even under former section 213 read with…
Choose your answer
'A' files a suit for partition in the High Court of Delhi against her brother 'B'. 'B' relies upon a Will executed by his father bequeathing the entire estate in his favour. With reference to the Indian Succession Act, 1925, which of the following is the most appropriate statement?
Answer and explanation
Correct answer B
The partition court can frame an issue about the will's genuineness and validity, which 'B' can establish without seeking probate. Even under former section 213 read with section 57 of the Indian Succession Act, 1925, probate was not compulsory for a will made in Delhi concerning Delhi property, and section 213 has since been omitted altogether by the Repealing and Amending Act, 2025. Relying on the will therefore does not by itself require a separate probate proceeding or a stay of the partition suit.
Practice for these exams
-
Delhi Judicial Services