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Property Division among legal heirs on the basis of Will


26-Aug-2024 (In Property Law)
My father expired leaving a Will for his undivided plot of land, in which his 5 sons And 3 daughters inherited their shares in 2:1 ratio. Can we amicably mark and divide the property through a mutual Family Settlement / Agreement or do we have to go to the court for property division? Will MCD approve and sanction separate building plans for each divided share?
Answers (5)

Answer #1
901 votes
you need to go to court for partition ,so that in future no one claim on the particular portion. it will be safer side to approach court for partition of land as per the will the process is very simple to file partition suits
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Answer #2
829 votes
yes you can divide the property among siblings amicably. you can alsomark the property accordingly. you have get it registered at the registrar office and then have to produce such registered deeds before the McD .all the building plan is to be according to the building code of India and the MCD will approve such building plans.
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Answer #3
884 votes
Sir, in order to execute this allocation, you need to perform some prerequisites. You will have to get a legal heir certificate, relinquishment deeds as per your mutual terms, etc. You may consult me regarding the same at length.
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Answer #4
676 votes
are you willing to get it separated in physical or you just wish to get your shares declared together. both of the ways are good and can be worked upon the same. need to also see the documents of your property to guide you better.
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Answer #5
903 votes
If no one is challenging the will then you can simply hire an advocate to draft a family settlement deed to mention that all are agreed n have taken their possession etc ! U can get this deed registered and it’s all done !
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