Sunny Kumar
Asked November 02, 2019

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My grandfather wrote will in year 1981 in favour to me and he died in 1983. My sister filed partition case in year 2016. At that time i had only will not probate. But recently i got probate of my will. Now my question is, if i produce my probate documents in the partition suit filed court then this case will be dismissed or not? If no then why? If yes then how much time it takes?

Answer 1

Dear Sir,

You have a valid document that is probate certificate as such you can seek dismissal of/injunction of plaint submitted by your sister under Order 7 Rule 11 of Civil Procedure Code since the probate proceedings and orders passed therein were not challenged by your sister.

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