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shyam lal   16 June 2022

Distribution of property

As per registered WILL of the deceased the immovable property has to be equally physically divided among the siblings.
Query..To distribute the property by metes and bounds.What kind of application has to be moved in a court of law keeping in view of WILL in question.


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 7 Replies

Advocate Bhartesh goyal (advocate)     16 June 2022

Suit for partition on basis of will is required to submit in court by anyone of sibling and prey for equal distribution of property among all siblings.

shyam lal   16 June 2022

Advocate Goyal thanks for the reply.in continuation.will the court follow the procedure of Partition suit where there is no time limit or suit of partition on basis WILL decision /order is different and faster.

Advocate Bhartesh goyal (advocate)     16 June 2022

Court has to follow the entire procedure and plaintiff has to prove the will as per law. If compromise take place among the partie to suit and all parties admit the will then the suit may be decided earliest.

shyam lal   16 June 2022

Advocate Goyal ..to bring to your notice there is a separate acknowledgement deed signed and witnessed by the siblings .that they except the WILL and its genuine.

now how much time the procedure would take? a wild guess...

 

 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     16 June 2022

If all siblings who are eligible to receive the property as per the Will agree, you can have a settlement deed amicably and get the same registered. Entire issue can be settled in a matter of days depending upon the convenience of the parties concerned.

G.L.N. Prasad (Retired employee.)     16 June 2022

Approaching Legal Services Authority through a woman co-sharer filing  PLC and getting the award through them is also another cheap and best option.

Sravika Reddy Kohir   17 June 2022

Hello Shyam Lal, I acknowledge your knowledge. As mentioned here there has been already a Will, for an equal distribution of the property among the siblings by metes and bounds it can be done via partition deed under section 4 of the Partition Act or a court partition decree through partition suit filed under Order 20 Rule 18 and Order 26 Rule 13 and 14. As you have asked for if which there can be a faster mode, if both the parties agree upon the division, the court can without any further inquiry pass a composite decree comprising of both preliminary and final decree in one judgement.

You can further read upon the same in the article mentioned below for further details.

https://www.lawyersclubindia.com/articles/Partition-Suit-Principles-Practices--10449.asp

I hope I have answered your question.

Have a good day.

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