If property whether movable or immovable are not mentioned in the WILL than it can go as per agreement.

And whatsoever is mentioned in the WILL it will go accordingly it property.

No they can't ignore the will. They can only do the settlement once they get the property as per will and only as per the intention of testator

Legal heirs and beneficiaries can enter into

deed of family settlement for division of property by metes and bounds notwithstanding the will executed by deceased father 

Yes, with the mutual consent of the parties the testate succession can always be given a  go by and the co sharers can make division of the properties as per mutual consent.

However to avoid future complication in the context of a valid Will, the arrangements parties make by relinquishing or getting respective shares must be mentioned so that no co sharer later on rely upon the Will and put challenge to the Will in future.

If all beneficiaries agrees to mutual settlement they can do it.  But if one of them disagree with this then such settlement can not be done.

In my opinion, If we go for probate of Will it would go to the beneficiaries.  If you are in agreement with other legal heirs, the property should first go the beneficiaries and thereafter may be transferred by the beneficiaries as per agreement.  In this way, the property will be transferred as per Will of the deceased and thereafter as per will/agreement with other legal heirs.  The beneficiaries can relinquish their share in favor of other legal heirs as per agreement.

beneficiaries and legal heirs can enter into settlement deed and beneficiaries can relinquish his share in favour of legal heir. 

The will should not be filed for probate. Instead distribute the assets as per your mutual agreement. An agreement to this effect must be signed and registered which would override the contents of the will. The will should be mentioned in the agreement. If the beneficiaries have no problem.

Regards 

You don’t need case laws 

See if all the legal heirs and beneficiary are in agreement and no one share is left out then a family settlement deed can be prepared taking in consideration of will and further modifying the property distribution as per the mutual agreement. No you are not breaking any law.

Hi

First of all, follow the instruction of the deceased and you take the share as allotted to each of you.

Once the same is done, if all the beneficiaries are willing you can enter into an Agreement and can proceed with distribution of the assets as per your mutual agreement.

Further, in order to avoid future misunderstanding / litigation, you better get the said understanding Registered.

You do not require any case law.

Property will devolve according to the letter of the Will; not according to whims and fancies of legal heirs or beneficiaries

Non acceptance of WILL, will be assume beneficiary is dead and will pass to next generation. So, better accept the WILL than pool the assets and trasfer mutually.

No they have to probate the will and after that they can do settlement deed between each other for transfer of assets mutually between each other. 

It is up to the beneficiaries to agree for the mutual partition of the properties left behind by the deceased owner ignoring the existing  Will containing the bequest details.

There is no legal infirmity in getting into a mutually agreed settlement among themselves to avoid litigation.

Since this is a mutually agreed distribution of properties among the legal heirs, they can draw a partition deed and register the same before the concerned sub registrar to make more effective legally.