Dispute arising out of will deed

BRM (Querist) 03 July 2013 This query is : Resolved
Dear Friends,

I need to know, if a father in his will given 50% share of an immovable property to his son and 50% to daughter. the son is staying in the said flat and the daughter is aking for her 50% share. there is no arbitration clause nor any other mechanism in the will for such types of dispute. the son was not able to sale the flat. whats the recourse then.

Regards
BRM

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Dr. Jyothi Vishwanath (Expert) 03 July 2013
The market value of the flat can be ascertained and son can pay 50% of that to the daughter. No need to sell the flat.

Rajendra K Goyal (Expert) 03 July 2013
Son or the daughter can pay 50% of the market price of the flat to other and can own the same.

Raj Kumar Makkad (Expert) 03 July 2013
The partition and the separate possession is the another legal option in the legal problem.

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