Sir,
My father got property share under arbitration award between three of the brothers including my father, but after the award got registered and became a decree and my father's brother challenged on some false grounds claiming large amount of money from us and finally in order to settle the dispute we admit to give the amount of Rs549000 on sale of our property in which we are living and he is also living with us in a room occupied by him.Now when we are ready to sell our house he is demanding 8 lacs more to vacate the property. We are at a loss to know what to do please suggest should we go to court again as the below mentioned compromise deed also written in the courts.
My father Sarvjit Singh
His brother Kuljit Singh
This Compromise Deed is executed on 18-02-2009 at Ludhiana amongst Sh.Kuljit Singh-Petitioner and the respondent No. 1 & 3.
Whereas the aforesaid objection petition is pending against the Arbitration Award dated 11-12-2007 registered on 14-12-2007 with the Sub-registrar, Ludhiana in this Hon’ble Court.The parties have arrived at Compromise and terms & conditions of the same are as under, which is part & parcel and suplementary to the said Award.
1. That the H.No. B-I-815, Ludhiana will be sold in the open market by Sh. Sarvjit Singh within 6 months from the date of getting a T.S..-1 from M.C. Ludhiana. The original time period of 6 months for selling the house will be extended for reasonable time, if any legal complication arises.
2. That none of the parties and their family members of the Arbitration Award shall have no right to purchase the said house in any manner directly or indirectly.
3. That till the sale of the said house, Sh.Kuljit Singh –petitioner has a right to stay and enjoy the said house in a husbandry manner.
4. That after paying Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) to Sh.Kuljit Singh-petitioner by Sh. Sarvjit Singh-respondentNo.1, rest of the consideration amount will belong to Sh. Sarvjit Singh absolutely.
5. That the said amount of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) shall be paid by Sh.Sarvjit Singh-respondent No.1 to Sh.Kuljit Singh-petitioner at the time of the sale of the house out of the sale proceeds.
6. That on receipt of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) ,all the claims of Sh.Kuljit Singh-petitioner in respect of the estate of deceased Sh.Gurcharan Singh,father of the objector/petitioner,shall be fully settled and nothing shall be remained due towards Sh.Sarvjit Singh and his family and Smt.Surinder Kaur- respondent No.3.
7. That the above said terms and conditions are part & parcel and suplement to the said Arbitration Award and the same is enforceable and executable along with the above said terms.
8. That each party will give his affidavit regarding no objection for the change of ownership as per the Arbitration Award.
and sir please tell what relations are covered in the term family members.riven
Sir/ Madam
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Sir,
my eldset brother was appointed as head constable on 03-01-1969 in CRPF.on 22-11-1985 he was promoted as Inspector.On 14-03-1984 an incident happened at manipur and he was post commander then.he was served a charge sheet on 14-07-1987 as responsible for this incident unders section 11 of the CRPF Act,1945- "neglect of duty".Enquiry was held. Enquiry report was not supplied to him even when requested. he appealed to the Disciplinary Authority his submissions w/o copy of the enquiry report.No show Cause notive was served upon him. His services were terminated on 31-10-1988.His appeal and revision within the deptt. were rejected with one sentence order. Then he approached courts of law. his suit was dismissed twice by two lower courts at Delhi. Then he appealed to the ADJ. The ADJ ruled in his favour. CRPF refused to comply with the ADJ judgment declared on 01-08-2005.State went in for Appeal to Delhi High Court on 02-12-2005 by filing appeal and appln. for condonation of delay for 20 days.His counsel did not file reply to the Appeal. But wanted to argue the case straight away.Till date the case could not be argued bcz the Judge kept on giving adjournments on one reason or the other.Kindly suggest course of action thru which the case can be put on quick hearing. Is there delay of only 20 days or more as per Law of Limtation applicable? secondly what steps are required now by the respondents in this case.he has now abandoned his lawyer bcz of causing intentional delay.may be both sides counsels are conniving together to ensure natural death of the case and against the respondent.Kindly suggest a specialist service matters lawyer (with address and mobi. no.) at Delhi High Court who would charge most reasonable fee as he does not have any money to pay as fee. Kindly also suggest leading case laws citations in favour of the respondent.
regards,
Yours Truly,,
Satish Kumarriven
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