Family settlement

Any brother  may file suit for partition of immovable property and challenge the MOU . Court will decide the legality of MOU and accordingly the property will be divided/partitioned.

Advocate Goyal

Thank you for the reply.As per the legality of the WILL it clearly states. Property is to be divided on percentage basis. As a result one of the brother is residing in the property hence he does not approve of selling. With the pretex the present market rate is low there by in doing so the other share holders are deprived because physical division is not practical even if the there is a mutual understanding.. Partition suit under these circumstances physically is also not possible. 

There by kindly suggest a legal way out under these circumstances. 

A reply would be appreciated 

Legal solution of dispute can only be solved by courts decree so brother who is not residing in father's property should file partiton suit against his siblings and claim partition of proprrty  on basis of father's will ( on percentage basis ) .Since property can't be partitioned phsically so plaintiff has to obtain order from court  for sell of property and dividation of sale consideration as per father's will.

Advocate Goal.. Can this dividation of sale be objected '/challenged ..firstly have all the share holders agree and give their consent to this court intervention ..