We are a family of 3 sons, Father aged 81. Mother deceased in 2015 with a Will(only notarised) and given 3 properties to only 2 sons, and Father with multiple self acquired properties and ancestral home and agriculture lands. What would be the best way to settle the various properties among us which will be fool proof and cannot be challenged by any of us in future and give us complete rights of property immediately. Father registerd will for all properties(Ancestral+Self) in 2016. Same is cancelled in 2022 and re registered with Ancestral home removed and one house property removed in Bangalore. Now 3rd son wants to get a release deed for that from my father and me and other brother. Due to above complications, we want to have a one time permanent settlement for all properties of Ancestral, Dad and Mom. Please suggest the best option which will be legally strong and cannot be challenged later by any one including hiers of us three brothers
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Enter into registered deed of family settlement or partition for division of various properties among the father and 3 sons
2) if no settlement is possible apply for probate of mother will
3) probate is judicial proof that will is genuine
4) on basis of probate apply for mutation of property among the beneficiaries mentioned in will
Any will, however perfect is open to challenge after the death of testator. Best option is, amicably negotiate division of properties among legal heirs, making adjustments here and there. Register partition/settlement deed on agreed terms. Stamp duty on registration of partition is fixed around 500 for each share. Get the properties settled in the life of father to avoid future complications of distribution of properties through will.
Dear client..in this situation better to file partition suit in civil court.. all 3 brothers will get equal share and rights .
Since your father is living, no beneficiaries of the Will can acquire their respective share in the properties bequeathed in the Will.
Therefore your father can decide about dividing all his properties among his children by drawing a partition deed reduced to writing and register the same before the concerned registrar office.
The property lying in the other state can also be combined in this partition deed
You can make partition deed in the English for all properties and same can be registered in the sub registrar office in the all three states were ever the properties are located.
Dear client I am sorry to hear that but in this case you can approach the court and seek the code to provide a decrease allows you to go with a suit in one state by joining the suit in different state through transfer of suit
- As per law, during the life time of father , his self acquired property cannot be claimed by any of his legal heirs
- Further, if he has written a Will , then also that cannot be executed during his life time , but mothers Will can be probated after filing a petition before the court.
- Hence, you can enter into a registered settlement deed after dividing the property amicably.
The best option is to execute family settlement deed or partition deed
