Is partition suit the right course of action.
My late father (expired Feb 2015) was the managing partner of a firm having 70% shares in the firm along with 2 other partners. The firm owned several immovable (land) properties. The firm does not do any business and all business is done through a separate limited company with the partners as shareholders. My father left a will stating that his share of the property minus liabilities on the property be distributed to his 5 daughters . The partnership deed states on death of a partner, his account should be settled within one year. My brother who is also the executor of the will has become the managing partner and is refusing to sell the property or settle the deceased partners account mainly because the firm's property is guarantee for a loan taken by his company. Can you advise remedy? Is partition suit the correct action or a civil suit ( name of suit ) directing him to settle the account and remit the proceeds to the estate for distribution as per will? My brother has also sold some firms land after my father's demise and used 4 crores for his company without settling the partners account. My brother is also misinterpreting clauses in the will which is registered. Which is the appropriate or highest court in which action can be commenced. ?