What Property May Be Disposed Of By Will? - Probate Lawyer Helpline - 9840802218

The is a general question in the minds of the people that what are the properties are subject to be disposed by a Will. The Following properties can be disposed by a person by a way of Will. 
(1) A person may dispose by will of property to which he or she is entitled at the time of his or her death.

 (2) A person may dispose by will of property to which the personal representative of that person becomes entitled by virtue of the office of personal representative after the death of that person. 

(3) It does not matter if the entitlement of the person or of the personal representative did not exist at the date of the making of the will or at the date of death. 

(4) "Property" includes - (a) any contingent, executory or future interest in property; and (b) any right of entry or recovery of property or right to call for the transfer of title of property.

 (5) A person may not dispose by will of property of which the person was trustee at the time of death. On the above basis one can write a will to dispose the properties by the way of Will.

 The Author K.P.Satish Kumar M.L. is the leading Probate and Will lawyer. You can get free legal advise on Probate and Will to the team Daniel & Daniel @ 9884883318

How should a will be executed? - Probate Lawyer - Helpline 9840802218

Today we receive queries from many persons that how should a will be executed. How to make a valid will. If a will written by them will became invalid after their death. What are the things to make a valid will. 

(1) A will is not valid unless - (a) it is in writing and signed by the testator or by some other person in the presence of and at the direction of the testator; and (b) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and (c) at least two of those witnesses attest and sign the will in the presence of the testator (but not necessarily in the presence of each other).

 (2) The signature of the testator must be made with the intention of executing the will; but it is not essential that the signature be made at the foot of the will. 

(3) It is not essential for a will to have an attestation clause. 

(4) Where a testator purports to make an appointment by his or her will in the exercise of a power of appointment by will, the appointment is not valid unless the will is executed in accordance with this section. 

(5) Where a power is conferred on a person to make an appointment by a will that is to be executed in some particular manner or with some particular solemnity, the person may exercise the power by a will that is executed in accordance with this section, but is not executed in that manner or with that solemnity. If you fulfill all the above conditions you need not worry about your will. Every thing will devolve according to your last made will to your successors.

 The Author K.P.Satish Kumar M.L. is the leading Probate and Will lawyer. You can get free legal advise on Probate and Will to the team Daniel & Daniel @ 9840802218

How many Witness required to subscribe a Will - Probate Lawyer Helpline - 9840802218

Law provides minimum two witness should subscribe the Will, to have a valid Will two witness is needed. Is it necessary that there be two witnesses? It appears that there is more than one reason for this safeguard.

 First, there is greater likelihood of at least one witness still being available at the time of application for probate should evidence as to the circumstances of the will-making be required.
 Second, the rule requiring two witnesses provides a greater safeguard against forgery and undue influence than would a rule requiring only one. There has been a call for a provision to include the recognition of 'self-proving' wills whereby the signing of the will is notarised by one person of appropriate standing. Assuming the formalities of notarisation are carried out correctly, testamentary intention could be presumed. Two witnesses present at the same time: The requirement that both witnesses are simultaneously present at the time the testator signs (or acknowledges his or her signature) is designed to prevent forgery and fraud, and to ensure that the testator is fully aware of the seriousness of the occasion. However, there is no requirement that the witnesses sign in the presence of each other. Currently, it is possible, so long as the testator has signed or acknowledged his or her signature in the presence of both witnesses at the same time, for the witnesses to attest on separate occasions so long as they do so in the presence of the testator. Following on from that, a question arises about whether both witnesses need to witness the same act.

 Is it necessary for the testator to sign or acknowledge in the presence of both witnesses at the same time, or could this be done serially? In ordinary circumstances it would appear that there should be no problem in the witnesses signing serially. However, there are certain circumstances where problems could arise. For example, if there is a time-delay between the signing the testator may attempt to alter the provisions of the will before the second witness signs. Such alterations would fall outside the strict attestation requirements.

 Confusion could also arise regarding the date of execution. If dates are given with each signature, at what point would the will be deemed to have been executed? There could be some advantage in permitting some form of serial witnessing but acknowledges that serial witnessing may give opportunity for confusion. On the balance it is contended that it is preferable that both witnesses be present

 The Author K.P.Satish Kumar M.L. is the leading Probate and Will lawyer. You can get free legal advise on Probate and Will to the team Daniel & Daniel @ 9840802218. 

Must witnesses know the contents of what they are signing a Will - Probate Lawyer Helpline - 9840802218

A will which is executed in accordance with this Act is validly executed even if a witness to the will did not know that it was a will. Publication of will not requisite - Every will executed in manner herein before required shall be valid without any other publication thereof. 'Publication' means that the witnesses need to know that the document is a will, and is achieved by the testator making a declaration in the presence of the witnesses that the document produced for signing is a will. This requirement was replaced by the requirement that the will be attested by two witnesses. Where a testator signs his or her will in the presence of witnesses, and does indicate the purpose of the document, it is not necessary for the witnesses to know the contents of that will. The law require any knowledge on the part of the witnesses that they are witnessing the signature of the testator to his or her will. In circumstances where the witnesses are not aware that the document is a will, it is assumed that they would be unable to give evidence as to the signatory's testamentary intent. They would merely be able to give evidence that they witnessed the act of signing (devoid of any evidence of intent), and of the perceived state of mind of the testator at that time. Hence the witness whether they knowing or not knowing the contents of the will but must aware that they are subscribing their signature for the will written by the testator. 

The Author K.P.Satish Kumar M.L. is the leading Probate and Will lawyer. You can get free legal advise on Probate and Will to the team Daniel & Daniel @ 9840802218.

What is Probate - Helpline - 9884336772

When someone dies and leaves property, money and possessions – their estate – you need to sort out who gets what. To do this you need what is known as a 'grant of representation'. This proves your authority to administer the estate. What form this takes will depend on whether a will has been left. If the deceased left a will and appointed an executor (sometimes more than one executor is named), that person will need to get what is known as a 'grant of probate'. However, if there is no will, the next of kin apply for what is known as a 'grant of letters of administration'. The process of applying to the court for the grant and the document you use to manage the estate is often generically referred to as 'probate' – for the sake of this guide and simplicity, this is the term we will use. Probate is the same for everyone in England, Wales and Northern Ireland, but if you live in Scotland it's called 'confirmation'. Put simply, and in order, the executor's job and the process of dealing with probate involves: Gathering any assets, eg, money left in bank accounts Paying any bills Distributing what's left according to the will 

The Author Bobby Portia Alex is the leading Probate Advocate in Chennai. You can talk to the top property lawyer, top probate lawyer for free 15 minutes @ 9884336772. 

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Divorce within 10 days in Chennai - Free Legal Advice - 9884883318

If a Hindu married couple is separating by mutual consent then they no longer need to wait for six months for getting a separating order from the court.
Supreme Court held that marriage between two Hindus can be legally terminated in just a week as the “cooling off” period can be waived off as it is not mandatory.
The Apex court clarified that if all the efforts to reunite parties and mediation and conciliation also fails between them then the wait for a six-month period can be done away with.
This ruling was passed by the court after a petition was filed by a couple seeking direction to waive off the cooling off period as they have been living separately for 8 years and they had already settled all issues pertaining to child custody and alimony.The couple made a plea before the Supreme Court that delay in divorce would affect their chances to resettle in life.
In the present matter, the court took a stand that delay in proceedings only prolongs subsequent resettlement. Waiving off period can be considered if the parties have been living separately already for a year.
The court said, “The object of the provision is to enable the parties to dissolve a marriage by consent if the marriage has irretrievably broken down and to enable them to rehabilitate them as per available options. The amendment was inspired by the thought that forcible perpetuation of the status of matrimony between unwilling partners did not serve any purpose. The object of the cooling off period was to safeguard against a hurried decision if there was otherwise the possibility of differences being reconciled.”
The bench comprising of Justice AK Goel and UU Lalit said that the object of the cooling off period is to safeguard against a hurried decision taken by a couple to get separated and to allow them to explore ways to settle their disputes however this could not be made mandatory.
As per Section 13B(2) of the Hindu Marriage if both the parties do not change their pleas for divorce in a time period not less than six months and not later than 18 months, then the court pass the decree to declaring the marriage to be dissolved.
The court observed that the period of six months to 18 months provided in section 13B is an interregnum to give time and opportunity for the couple to reflect on their move. This period can be waived off if conciliation fails and parties have genuinely settled their differences pertaining to alimony, custody of the child or any other issues pending between them.
The bench observed, “The object was not to perpetuate a purposeless marriage or to prolong the agony of the parties when there was no chance of reconciliation. Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option.”
The Supreme Court bench after examining all the issues came to the conclusion that Section 13B(2) is mandatory and not a directory. The court held that the cooling off period could be waived off if the court is satisfied that the parties are living separately for more than a year with no chance of reconciliation and a further waiting period would only prolong their agony. The bench held that the parties can file a waiver application just one week after the divorce petition is filed and the court will take a call on the waiving off period.
The Author K.P.Satish Kumar M.L. is the top Divorce lawyer in Chennai
For Free Legal queries call Daniel & Daniel At 9884883318

Succession Certificate Advocate in Chennai - 9840802218

Succession:

The ordinary meaning of the word “Succession” is a transmission by law or by Will of a man to one or more persons of the property and the transmissible rights and obligations of a deceased person.

The law of succession on death is the law governing the transmission of property vested in a person at his death to some other person or persons.

Succession certificate is a document whereby a person is appointed as administrator on the estate of deceased person. Succession certificates determine the receipt of debts and their interests. It also instructs for the distribution of estate among legal heirs keeping in view of laws relating to succession.

Object of succession certificate:

Its object is to facilitate collection of debts by the person who has prima facie clear title to succession and has beneficial interest in debts. This right is decided in summary manner.

Jurisdiction of Court:

Question of Jurisdiction is essentially linked up with residence of deceased. Question cannot be decided without recording evidence. There are two cases, which determine the Jurisdiction of Court for grant of succession certificate, i. e., residence of deceased or property of deceased.

1.      Residence of deceased: District Judge of the area where deceased was ordinarily resided at the time of death is the area which comes under jurisdiction of District Judge for the purpose of grant of succession certificate.

2.      Property of deceased: If deceased had not fixed residence at the time of death than situation of his property shall determine the jurisdiction of Court.

Who can obtain succession certificate:

Person prima facie having best right to certificate can obtain it. Law does not afford lengthy process of settlement regarding relationship with deceased, which can only be settled by a suit.

Application for certificate: Following is the criteria to put application for the grant of succession certificate:

1.       Office:

Office of the District Judge is the place where application is forwarded for such purpose.

2.       Who may apply:

Any person of sound mind and not a minor can apply for certificate, provided he has interest in the estate of the deceased.

3.       How apply:

Application in term of petition signed and verified by or on behalf of the applicant in the manner prescribed by Civil Procedure Code (CPC) can be filed in Court.

4.       Particulars of application: 

Application must state following facts:

1.      Time of death: Application must state time of death of the deceased person. It may include death certificate issued by competent doctor.

2.      Extent of residence: Application may include the ordinarily residence of the deceased person at the time of death. In case residence was not within local limit of the jurisdiction of the concerned court then situtation of property of the deceased person within those limit shall be considered.

3.      Family information: Names of family members, other relatives, and their respective residences should be stated in application.

4.      Right: Right of the petitioner, which he claims.

5.      Absence of impediment: If there is not any prohibited degrees in the distribution of estate/legacy, it must also include in application.

6.      Receivables: If there are any debts and securities for which certificate is applied, must be stated in an application.

Article by Mr.K.P.Satish Kumar the top advocate for money claims in Chennai
Free Consultation in phone with the Top Civil Lawyer in Chennai Form Team Daniel & Daniel @ 98400802218.

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How to obtain probate of a will in Chennai

A will is drawn up to distribute the assets of a deceased testator, according to their wishes. However, sometimes a probate might be necessary to prove that the will is genuine, otherwise the administrator or executor appointed under the will may not be able to administer its provisions. A probate is granted by the High Court with the court seal and a copy of the will attached. Here's how to obtain a probate. 

Application 
The application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer or advocate. 
Documents 
The court usually asks the petitioner to establish the proof of death of the testator, as well as proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased. 

Notification 
After receiving the petition for a probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of the probate. It also directs the publication of a citation on board to notify the general public. 

Fees

The court may demand a percentage of the assets as a fee to issue a probate. This, however, is also subject to a ceiling. In addition to the court fee, the lawyer's fee also needs to be taken into account. 

Points to note 
Under the Indian Succession Act, a probate can be granted only to the executor appointed under the will. 

We provide all Legal Services including, 1. Succession Certificate 2. Legal Heirship Certificate 3. Probate, 4. Letter of Administration, 5. WILL Drafting and Registration at Chennai and Rest of Tamilnadu, Providing services to Individuals / Business Organisation / Corporate. Call now to Daniel & Daniel: +91 - 9962999008, For more details

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A hindu girl who converts her religion can still claim share in father’s property

In a matter where a Hindu woman converted to Islam after marrying a Muslim man and renounced Hindu faith, does not disqualify her to inherit father’s property.

As per the Hindu Succession Act, if a person has converted then it does not disqualify her from claiming her share in the ancestral property. The Act only disqualifies the descendants of the convert who are born to the convert after such conversion from inheriting the property of any of their Hindu relatives.

In the present matter, the state revenue authorities were of the opinion that since she has renounced her religion voluntary and hence does not have any right to share in father’s property.

Nasimbanu Friozkhan Pathan from Vadodara renounced Hinduism and embraced Islam on July 11, 1990. Subsequently, she married Firoz Khan on January 25, 1991, as per the Muslim rituals.

In 2004, her father passed away leaving behind sizeable parcels in land in their village. However, her siblings opposed her claims and refused to enter her name in the list of claimants as she is no longer a Hindu.

The court explained as she voluntarily embraced Islam, the provisions of inheritance laws cannot be enforced in her case. After hearing the matter, Justice Pardiwala explained the applicability of provisions existing in Hindu Shastric laws for disqualification of Hindu women for succession or maintenance were kept aside.   

The Author Mr.K.P.Satish Kumar M.L. is the leading Civil Lawyer in India

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Assets of Hindu Undivided Family is considered as Joint property

The Supreme Court in a recent ruling clarified that all the assets in Hindu Undivided Family are considered to be joint property and it belongs to all the members of the joint family. If any family member wants to claim it as self-acquired property then they are required to furnish requisite proof for the same.

The apex court passed this order when a plea was made by members of a joint family as they were claiming ownership of agricultural land of the family on the ground that they have acquired the property and others have no rights over them.

Considering the case, the bench comprising of Justice R K Agrawal and Akshay Manmohan Sapre explained that in such matters the burden of proof is always on the family member who is claiming ownership over a part of the property of the joint family. To claim his ownership he must put reliance over relevant oral or documentary evidence.

The bench observed, “It is a settled principle of Hindu law that there lies a legal presumption that every Hindu family is joint in food, worship, and estate and in the absence of any proof of division, such legal presumption continues to operate in the family. The burden lies upon the member who, after admitting the existence of jointness in the family properties, asserts his claim that some properties out of an entire lot of ancestral properties are self- acquired.”

While passing this order the bench upheld the Karnataka High Court order which had declared the property as the joint property of the family.

The court held that in the instant matter, the petitioners have failed to place reliance over any evidence to prove that they had acquired the property for themselves and did not belong to the entire joint family. If the claimants want to prove that the suit properties were their self-acquired properties they have to produce the best evidence either in form of sale deed showing their names as purchasers of the said properties or any other proof to establish their claim over the same.

The bench also mentioned that it is obligatory for the family members who are contesting over the joint property to prove that it was not the part of the ancestral property. In the present case, the petitioners have failed to prove their claims that is the part of their self-acquired property.

The court said, “In our considered opinion, the legal presumption of the suit properties to be also the part and parcel of the ancestral one could easily be drawn for want of any evidence of such properties being self-acquired properties of the plaintiffs.”

The Author Mr.K.P.Satish Kumar M.L. is the leading civil Advocate in Chennai

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Things Necessary for obtaining Succession Certificate in India

In case of death of a person without leaving a will, court may grant succession certificate in order to realise securities or debts of the deceased. A civil court issues succession certificate to the legal heirs of a deceased person.

It is required to establish the authenticity of the heirs. Also to authorize them to get assets or securities transferred in their names. Not to forget that assets comes with liabilities as such it also enables inheritance of debts. This is issued on the application from the beneficiary, to court as per laws of inheritance. It is necessary, though may not be always sufficient, to release or transfer the assets. For these letter of administration, no-objection certificates and death certificate is also required.

Application: As discussed earlier also, a petition is required to be filed with the competent jurisdiction where the assets are located.

Details: The application requires details like
– name of petitioner
– relationship with deceased
– names of all heirs of the deceased
– time, date and place of death

Also a copy of the death certificate is required to be produced.

Fees: A fixed percentage of the value of the estate is levied as fee for issuance of the certificate by the court. This fee is to be paid in the form of judicial stamp papers of the said amount. Only after this a the certificate is issued. Also, the lawyer will also charging their fees.

Process: The notice in the newspapers for a given period (generally 45 days) is issued by the court. In case where no one contests the petition on or before the expiry of given period, the court sanctions the order for issuance of succession certificate.

If the petition is not contested, the court usually issues a succession certificate in five to seven months.

Looking at the process, it is always better to write a will or appoint a nominee in all your financial accounts like stocks, saving accounts, fixed deposits or mutual funds etc. The nomination may also be filed with your properties ownership.

Article by Mr.K.P.Satish Kumar the top advocate for money claims in Chennai
Free Consultation in phone with the Top Civil Lawyer in Chennai Form Team Daniel & Daniel @ 9962999008.

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How to Probate a will in INDIA

When it comes to administering a decedent's estate, the process commonly referred to as "probate”—many people fear it is daunting and complicated, but it can actually be as simple as four steps.

What is the Probate Process?

Probate refers to the process whereby certain of decedent's debts may be settled and legal title to the decedent's property held in the decedent's name alone and not otherwise distributed by law is transferred to heirs and beneficiaries. If a decedent had a will, and the decedent had property subject to probate, the probate process begins when the executor, who is nominated by the decedent in the last will, presents the will for probate in a courthouse in the county where the decedent lived, or owned property. If there is no will, someone must ask the court to appoint him or her as administrator of the decedent's estate. Often, this is the spouse or an adult child of the decedent. Once appointed by the court, the executor or administrator becomes the legal representative of the estate.

The Four Basic Steps to Probate

1. File a petition and give notice to heirs and beneficiaries.

As described above, the probate process begins with the filing of the petition with the probate court to either (1) admit the will to probate and appoint the executor or (2) if there is no will, appoint an administrator of the estate. Generally, notice of the court hearing regarding the petition must be provided to all of the decedent's heirs and beneficiaries. If an heir or beneficiary objects to the petition, they have the opportunity to do so in court. Also, generally, notice of the hearing is published in a local newspaper. This is to attempt to notify others, such as unknown creditors of the decedent, of the beginning of the proceeding.

2. Following appointment by the court, the personal representative must give notice to all known creditors of the estate and take an inventory of the estate property.

The personal representative then gives written notice to all creditors of the estate based upon state law; any creditor who wishes to make a claim on assets of the estate must do so within a limited period of time (which also varies by state).

An inventory of all of decedent's probate property, including real property, stocks, bonds, business interests, among other assets, is taken. In some states, a court appointed appraiser values the assets. When necessary, an independent appraiser is hired by the estate to appraise non-cash assets.

3. All estate and funeral expenses, debts and taxes must be paid from the estate.

The personal representative must determine which creditor's claims are legitimate and pay those and other final bills from the estate. In some instances, the personal representative is permitted to sell estate assets to satisfy the decedent's obligations.

4. Legal title in property is transferred according to the will or under the laws of intestacy (if the decedent did not have a will).

Following the waiting period to allow creditors to file claims against the estate, and all approved claims and bills are paid, generally, the personal representative petitions the court for the authority to transfer the remaining assets to beneficiaries as directed in the decedent's last will and testament or, if there is no will, according to state intestate succession laws. If the will calls for the creation of a trust for the benefit of a minor, spouse or incapacitated family member, money is then transferred to the trustee. Unless the beneficiaries of the estate waive the requirement as allowed under some state laws, the petition may include an accounting of how the assets were managed during the probate process. Once the petition is granted, the personal representative may draw up new deeds for property, transfer stock, liquidate assets and transfer property to the appropriate recipients.

In short, a properly drafted will, updated regularly to account for life changes, organized records of debts, personal property and other assets simplifies the probate process. The easier it is for your personal representative to trace your steps after you're gone, the easier the process.

Article by Advocate K..P.Satish Kumar Advocate at High Court of Madras, advocate for Probate for will Matters, is the leading civil Attorney in India.
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How to get money from the savings account of a death person

When opening bank accounts, most of the banks try to coerce you into making a nomination in the new bank account that you open.
At times you may want to create a nomination or choose to ignore the same. However, if you do make a nomination it would be extremely helpful to your family members. Many banks try to remind elderly customers if there is no nomination in the savings account or a fixed deposit.
Many elderly individuals who have opened account at a very early stage may not have made a nomination. While ideally you must, here are is what could happen in case the person meets with death and there is no nomination in the savings account. A few method in which money can be claimed from the savings account of a dead person.
In case of joint account with either or survivor
In case the savings bank account has been with another joint account holder, then the balance in the account would be passed onto the survivor.
A copy of the application, along with a photocopy of the death certificate would be enough for the bank to delete the name of the dead person. In case the survivor wants to continue the savings account, he can or he can simply proceed to close the same.
In case of nomination
In case where there is a nomination the bank will pass the proceeds to the nominee. It will first proceed to check the nomination, along with original copy of the death certificate.
However, if there is a dispute and a WILL it might be a long cumbersome process. There would also be a need for two witnesses to ensure that the bank passes on the dues to the nominee.
Succession certificate/Copy of WILL
Where there is no nominee or the account is not joint, the legal heir may need to produce a copy of the WILL or there has to be a succession certificate in place.
In case of no claimants
In case there is no claimant than the bank may transfer the account to a dormant account. As and when there is a claim made the bank may transfer the balance in the savings account to the legal heir.

It is always a better proposition to open a joint account or one that has a nomination. This would ensure that you would have people who are family members get the proceeds from the savings bank account of a dead person.

Article by Advocate K.P.Satish Kumar M.L. Top Advocate for money claims and leading civil Advocate in Chennai.
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How to do partition of your father's property

nheritance in India is governed by two process – 1. By Will 2. Personal laws



Inheritance under a Will

A will or testament is a legal declaration expressing the wishes of a person, containing the names of one or more persons who are to manage his estate and provide for the transfer of his property at death.
If a father (testator) leaves behind a Will, the property will be distributed among the brothers according to it. An executor is appointed by the testator, as distinguished from an administrator who is appointed by the court.


Inheritance according to personal law

Inheritance in India and the manner in which property of a deceased person is to be distributed is determined by the law of Succession, in the event where there is no will or equivalent document declaring the deceased person’s intent.


Under Hindu law

Section 8 and 9 of the Hindu Succession Act, 1956 governs the distribution of the property after the death of the Hindu male. The property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs. And if there are no Class 1 then to Class 2 Heirs.

For example, if the father dies leaving behind his wife and four sons, then each will inherit equal shares of his property, i.e. each will get 1/5th of the father’s property.


Under Muslim Law

There is no concept of ancestral property or rights by birth in Muslim law. Islam recognises that persons may leave behind a will, but a will (unless ratified by all the heirs of the person leaving behind the will) is valid only to the extent of one-third of the deceased's property. Insofar as it is valid, it is governed by the regular laws applicable to wills in India.
-A Muslim wife cannot be dispossessed.
-Even though she has to share with other wives if there is more than one wife.
-The widow gets a definite share.
-Mohammedan Law gives the male heirs, the sons, twice the share of the daughters


Legal Process of distribution

Before making a claim to any property left by the deceased, it should be made sure that there are no debts outstanding. All the heirs would have to first agree to chalk out a strategy to clear the debt.

In case, the property is to be distributed among brothers according to the Will left by their father, it is important to make sure there are no ambiguity in the Will and legal advice must be sought while arriving at any kind of settlement. Lack of clarity in the will can lead to serious legal complications at a later stage, which can be avoided by working in the right direction in the beginning itself.

If there is no Will, then a property can be distributed by way of partition deed or family settlement.

Suit of Partition – A suit of partition can be filed by any or all brothers w.r.t property. A partition deed for a property is executed among different people, usually family members.

Family Settlement procedure – A family settlement is an agreement where family members mutually work out how a property should get distributed among themselves. All the parties should be related to each other and have a claim to a share of the disputed property.

Family settlement is a conciliation process where a third person, usually a lawyer or a senior family member, helps the family arrive at a mutually acceptable solution to the property dispute.

Article by Advocate K.P.Satish Kumar M.l. top property disputes lawyer in Chennai and a leading Partition Advocate
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