1) you have to file testamentary petition for probate of will 

2) probate is judicial proof that will is genuine 

3) in partition suit file detailed reply that testator has bequeathed property to some legal heirs by will and sister has no share in property 

4) both would be clubbed together 

Dear Sir,

No, the partition suit is not maintainable, as the owner of the property was made registered Will and also it is his self acquired property. Then nobody has no right over it.

Yes it's maintainable

Hi

Though a partition suit can be filed by sister, you need to see whether the properties she is claiming are ancestral or joint family properties. 

Also if the properties are self acquired properties of deceased elder brother , the sister's claim of these properties being joint family/ancestral  be dismissed by the court after trial. 

Also since there is a claim by sister, you should use this opportunity to prove the will at court by calling the witness to depose before the court.

It appears the sister has made a false claim to grab these properties, but her ill intentions should be proved at trial and after your victory in the case you can claim your legal battle costs from the sister

No the suit can be rejected the registered will can be presented before the court along with an application to reject the suit.

Dear Sir,

Partition suit is maintainable provided it has to be established that the deceased has no right to execute such Will etc.

Partition suit will not be maintainable if the sister is not a beneficiary of the will.

Nops, suit shall be dismiss. Registered WILL will prevail. File applcaiton for dismissal of suit on the basis of WILL. 

No this partition suit is not maintainable. Once self earned property is WILL.

The Partition suit is liable to be dismissed as one without merits. sister cannot claim any share in the self acquired property of the brother who has bequeathed his property through a registered WILL.

This kind of case has no strength and it will be dismissed in one or two hearing as there is a will to transfer the property and that is probated and the brother has got the property as self acquired property and I have all the right on the property

It's better you go for probate of the will and once it is proved, the partition suit will be dismissed.

1. The property has to devolve according to the will made by the testator.

2. Your query does not state on what ground(s) the partition suit has been filed. Has the plaintiff challenged the will also?

1.Since the person dies testate his property would devolve as per the terms of the Will and not as per the laws of succession.

2. So if the probate is taken then the beneficiary of the Will can take hold of the property as the terms of the Will and in that event the suit for partition would fail.

3. So take the plea of Will in the partition suit.

Since this was his sell acquired property and he had transferred it by a testamentary disposition to a beneficiary  no partition by any aggrieved person shall be maintainable. 

If properly challenged it can be dismissed.