2009(6) CURRENT TAMILNADU CASES – Page 614
Law of Partition – Suit for partition stands disposed of only with passing of final decree – Court has got power to amend shares suitably even subsequent to passing of preliminary decree by reason of new circumstance emerging.
Partition Action – Effect of ‘Will’ executed by a party to suit – Party claiming share in schedule property is entitled to plead for grant of probate of ‘Will’ executed in his/her favour in same partition itself without filing a separate suit – Ratio in AIR 1967 Supreme Court 1470 relied on.
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