In a partition suit concerning property in Delhi, a brother relies on his father’s will in defence. The…
The civil court can determine the pleaded issue concerning the will. Mandatory probate is not a prerequisite for this Delhi defence; the Repealing and Amending Act, 2025 has…
Choose your answer
In a partition suit concerning property in Delhi, a brother relies on his father’s will in defence. The will’s genuineness is disputed. Must he obtain probate merely to establish that defence?
Answer and explanation
Correct answer B
The civil court can determine the pleaded issue concerning the will. Mandatory probate is not a prerequisite for this Delhi defence; the Repealing and Amending Act, 2025 has omitted section 213 of the Indian Succession Act, 1925. Proof of the will remains necessary when disputed.
Option feedback
Option A
A probate counterclaim is not a compulsory step in establishing this defence.
Option B
The disputed will can be proved and its validity decided in the partition litigation; probate is not a mandatory preliminary merely for relying on it.
Option C
There is no such universal prerequisite; section 213 of the Succession Act has also been omitted by the 2025 Act.
Option D
Reliance on a will does not automatically require a partition suit to be stayed for probate.
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Delhi Judicial Services