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Property Without Will not able to divide


26-Aug-2023 (In Property Law)
Hi we have properties without will and so far we are not able to divide the property .one property even for sale is not possible since onenof the legal heirs has filed an objections. We are 6 legal heirs and one of them need a bigger share in one of the property so he is been delaying and avoiding all proposals and finally as filed obejections for sale .we are unable to take any decesions and most of the advice we get is settle of court without any legal suit.please suggest and advice .thank you very much .
Answers (2)

Answer #1
695 votes
feasible way of getting your share in the estate is by filing a partition suit seeking for your share. In all probabilities matter gets settled out of court or by compromise during the pendency of the proceedings in court. Even otherwise you can get your share in the estate whatever you are entitled to in law.
Answer #2
516 votes
If the other legal hair is asking for major share and not getting convinced means you have to decide whether you will consider it or not. If not then there is no remedy other than court, you have to file partition suit before the court to get equal rights otherwise this will end in violence or quarrel. So its better to take the support of court and you have not mentioned whether the property is ancestral or self acquired .

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