Partition must be clear

There are mainly 3 modes of Partition (Immovable Property )
1. Partition by mutual agreement:
a. By Partition Deed
b. By Family Settlement Agreement
2. Partition Suit or Partition without mutual consent or Partition through Court
3. Partition through Will Probate

If the partition is with mutual consent, the partition deed is needed to be executed by the co-owners where parties agree to the terms of division, a partition can be effected through a deed. The deed can be executed through registration in the office of the registrar/sub-registrar of the place the property is situated.
• The partition deed can be executed when all co-owners mutually agree to have the property divided.
• It clearly defines the shares of the property to which every party is entitled.
• the execution of the partition deed, co-owners become rightful owners of their share of the property and become empowered to gift or sell or transfer their share of the property according to their will and needs.

Documents required for Partition Deed-

• Original title document
• Land records
• Land map
• Valuation of property
• Registration fee
• Stamp duty 
• ID cards of all the parties
• Address proof of all parties
• PAN Card

According to Halsbury’s Laws of England, “A Family Arrangement is an agreement between members of the same family, intended to be generally and reasonably for the benefit of the family, either by compromising doubtful or disputed rights or by preserving the family property or the peace and security of the family by avoiding litigation or by saving its honor. The agreement may be implied from a long course of dealing. But it is more useful to embody or to effectuate the agreement in a deed to which the term family agreement is applied.”

A property can be divided by the family mutual arrangement . A family settlement agreement help to resolve issues arising from separation of inheritance property or an estate, separation, divorce, or the sale of family property also settle disputes and disagreements between family members equitably and amicably. A family settlement contract is a legally binding agreement between the parties involved. Once executed, the contract is enforceable in the courts, making it a strong tool for settling conflicts as and when they arise. The Supreme Court laid down valid essentials of a settlement agreement these are given below 

• It ' be a bona fide one and made in a manner that it resolves family disputes and rival claims by a fair and equitable division or allotment of properties between the various members of the family.
• It should be made voluntarily (no element of fraud, coercion or undue influence)
• The arrangement can be oral and unregistered.
• However, if it is reduced to writing, it must be registered.
• The parties to the arrangement must be family members having some antecedent title, claim or interest even a possible claim in the property ‘It which is acknowledged by the parties to the settlement.
• If all the elements are fulfilled, such an arrangement is final and binding on the parties to the settlement.

Partition of an estate or separation of shares is dealt with under Section 54 of the Civil Procedure Code. A Partition is done among the co-shareholders of the property for the separation of their shares to possess their individual share.

'Probate' means the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator. 

According to Section 222 of the Indian Succession Act, 1922, A probate can be granted only to the executor appointed under the Will. 

Further, a probate is essential if the Will is for immovable assets in multiple states.

Executor-An executor of a will refers to an individual who undertakes the responsibility of overseeing the distribution of the properties or assets of the deceased person according to his/her wishes. It is not a mandatory requirement to mention the name of an executor in the will. However, it is advisable to name an executor, which will ensure that the will is executed correctly and as per the wishes of the deceased.

The first step involves making of application to the District Judge through a probate petition which must be duly signed and verified by or on behalf of the applicant. The executor(in absence of executor administrator or any legal heir) of the Will is the petitioner and files the original Will and probate petition in the court.

The probate petition should be in a prescribed format under Code of Civil Procedure, 1908 and it shall be done after 7 days of testator's death.

The executor submitted the names and addresses of the deceased's legal heirs, testator's proof of death, evidence that the testator's Will is validly executed as well as confirm that this is the deceased's last Will before the Court along with the applicable court fees depending upon the value of the assets.

After the petition has been filed, the Court gives public notice in any newspaper to invite any objection, and if there is no objection, the Court upon being satisfied and considering the evidence grants probate.If there are objections, the parties will have to lead evidence and argue the matter. The probate petition becomes the original suit.Based on the evidence and arguments, the court will pass judgment in the probate suit.