About amicable settlement in mediation cell
ss.k
(Querist) 13 March 2013
This query is : Resolved
Sir,
I submit that in a property dispute after four years the opposite parties have showed their willingness in one of the court for amicable settlement of property dispute. Therefore, both the parties agreed to refer the case to Mediation Cell for amicable settlement. The property is still in the name of the original allottee and the same has not yet been mutated amongst his legal heirs and a leasehold property. Please clarify and advise on the following points:-
1. Whether mutation and substitution of the property is mandatory as per law before selling it to third party by its legal heirs?
2. In the mediation cell it has been decided that both the parties are free to bring the highest bidder, therefore, in the aforesaid circumstances it would be appropriate to sell the property outrightly to a third party without completion of mutation process etc.
3. Whether one party can make suggestion before the mediation cell to first complete the mutation process and thereafter to sell the property or otherwise?
4. Any other relevant points which are required to be followed to deal with appropriately in the mediation cell.
Raj Kumar Makkad
(Expert) 13 March 2013
1. Yes.
2. Mutation process can be got completed within 2 days and this is not a big issue and thus decision is appropriate.
3. Yes.
4. Nothing can be opined without going through case file or your version thereto.
Advocate M.Bhadra
(Expert) 13 March 2013
Try to amicably settle the matter,there is no role of Mediation Center.
The Partition of property in India is governed by Partition Act 1893. Partition Act was enacted for the purpose of providing that where division of property cannot reasonably or conveniently be made and that sale of the property and distribution of proceeds would be more beneficial for all the share-holders, then the court may direct the sale of the property and distribution of the proceeds. The Act is technical in character.
The Hindu Succession Act, 1956, amends and codifies the law relating to intestate or unwilled succession, among Hindus. The Act lays down a uniform and comprehensive system of inheritance and applies to persons governed by both the Mitākṣarā and Dāyabhāga schools. It is hailed for its consolidation of Hindu laws on succession into one Act. The Hindu woman’s limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes.
Devajyoti Barman
(Expert) 14 March 2013
1, No, it is not mandatory.
2.yes, it would be more convenient.
3.yes , he can make.
4.Stick to your points of convenience.
