Disputes among heirs in India—especially over property, succession, or inheritance—are resolved through a combination of negotiation, legal procedures, and court intervention, depending on the nature and seriousness of the conflict. Here's how such disputes are generally resolved: 1. Amicable Settlement / Family Settlement Agreement Preferred Method Heirs can mutually agree to divide assets through a family settlement or partition deed. Key features: No litigation Can be oral or written (preferably written and registered) Legally binding if voluntary and signed by all heirs Saves time, money, and relationships Note: A written family settlement deed should be: On stamp paper Signed by all parties Registered (if it involves immovable property) 2. Mediation Courts or parties themselves may opt for mediation, where a neutral third party helps the heirs arrive at a mutual solution. Cost-effective and quicker Often used in family and succession disputes Some states and courts have Lok Adalats or family mediation cells 3. Civil Suit for Partition If settlement fails, any legal heir can file a civil suit for partition in the appropriate civil court. Applicable Laws: Hindu Succession Act, 1956 (for Hindus) Indian Succession Act, 1925 (for Christians, Parsis) Muslim Personal Law (for Muslims – no concept of joint family property) Court will: Identify legal heirs Determine shares Pass a preliminary decree declaring share Appoint commissioner to divide property (final decree) 4. Probate / Letters of Administration (If There Is a Will) If a will exists, the executor/heirs can apply for probate in court. If any heir challenges the will, it becomes a contested probate case. The court will: Verify the authenticity of the will Hear objections Decide the rightful distribution 5. Succession Certificate (for debts and securities) If the dispute is about movable assets (like bank accounts, shares), the heirs may need to obtain a succession certificate. Other heirs can contest it under Section 383 of the Indian Succession Act. 6. Injunction or Interim Relief If one heir tries to sell or damage property, others can seek: Temporary injunction from civil court under Order 39 CPC Status quo orders to protect property until final decision 7. Criminal Action (If Fraud Is Involved) If one heir: Forges a will Hides the existence of other heirs Illegally occupies or sells the property The aggrieved heir can file: FIR for cheating, forgery (IPC Sections 420, 467, 468, etc.) Complaint to Revenue Authorities or Municipal Body Conclusion: Disputes among heirs can be resolved through: Amicable family settlement Mediation Civil suit for partition Probate of will or succession certificate Injunctions and criminal complaints in case of fraud

Dear Client, Disputes between heirs go to a variety of forums, which may include legal and non-legal options based on the issue at hand. We see a mix of negotiation, mediation, and, when all else fails, litigation, which we take to the court. Common Methods for Dispute Resolution Mediation: This, at times, is the first and also the most cost-effective step. We have neutral third-party mediators who help the heirs to communicate and negotiate to come up with a mutual agreement. The mediator does not put forth a decision but rather facilitates the resolution. This is very much the case in disputes related to the division of property or other assets. Arbitration: In that which transpires, a neutral arbitrator or panel presents the case and renders a decision. The heirs agree in advance to accept the arbitrator’s ruling, which is put forth by law to be binding. This is, to a degree, like a courtroom setting, but is less formal and very much faster. Litigation: If at first mediation and arbitration don’t resolve the issue, then the matter goes to court. In a formal setting, a judge will hear out all parties and will present a decision that is final and binding. This can be a very time and resource-intensive process. Types of Disputes and Their Resolution Will Contests: In the case of wills that are in question (for example, issues of forgery, undue influence, or mental capacity are brought up), a suit is brought forward to question the will’s validity. The court at which point will decide the will’s validity. Division of Property: Disputes of what to do with assets like land, money, or the family business come up often. The court may order that the property be split evenly or sold, and the money that is earned from that put into the heirs’ hands. Executor Misconduct: If a beneficiary feels that the executor is not properly managing the estate, they may bring a suit to have the executor removed and placed out of the picture. I wish this response helps. As for any other questions in the future, do reach out to us. Thank you.