Partion and auction of combined property

Querist : Anonymous (Querist) 18 August 2023 This query is : Resolved
In a civil suit there is a case of will in name of 4 beneficiaries for equal shares/ Individual shares. Civil suit is registered in court as like 3 petitioners vs 1 defendent
If the will proved right in the court then how will the partition/ Auction will happen
Like all the 4 beneficiaries as per the will get equal amount i.e. 25% or both parties will get 50%.
Or if one party want to buy from anr. party then will it has to give 50% amount or as per the nom of beneficiaries. Like all the 3 petitioners will collectively give 25% to defendent or defendent will give 75% (25% to each petitioner)
Please clarify someone......

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Quick Summary

This discussion clarifies how a property, subject to a will with four beneficiaries, is partitioned or auctioned. If the will is proven valid, each of the four beneficiaries is entitled to an equal 25% share of the property or the proceeds from its sale. The beneficiaries can mutually agree to buy each other out or proceed with a full auction, with the proceeds then divided equally.

T. Kalaiselvan, Advocate (Expert) 18 August 2023
As per the Will all the beneficiaries are entitled to an equal share therefore each beneficiary is entitled to 25% share in the property or in the consideration amount received after the proeprty is auctioned.
Therefore the beneficiaries can decide either to buy each other's share or to go for auction sale on the whole and distribute the sale proceed equally among themselves.

Querist : Anonymous (Querist) 18 August 2023
Thank you sir for you valuable answer. Please clarify in case of one party i.e. petitioner collectively the share of defendent then how much amount in percentage the petitioner have to give.
And same in the case of Defendent.
Total no. of Petitioner 3
Total no. of defendent 1

T. Kalaiselvan, Advocate (Expert) 19 August 2023
There are 4 beneficiaries, hence each beneficiary is entitled for 25 % share in it.

Querist : Anonymous (Querist) 19 August 2023
ok sir thank you for your advise.

T. Kalaiselvan, Advocate (Expert) 20 August 2023
You are welcome for your appreciations

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