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Law · Q80

Code Of Civil Procedure

Graduate and Post Graduate · Law · question 80

Q80

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.

A.
B has to necessary file counter claim seeking probate of the Will
B.
An issue will be framed as to the genuineness and validity of the Will, which 'B' can establish without seeking probate
Answer
C.
B' has to necessarily file a separate probate petition
D.
The suit for partition will be stayed until B obtains a probate

Answer: Option B

Solution

Answer: Option B
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