ORAL SETTLEMENT, CAN A PERSON BE SUMMONED TO DEPOSE IN A CIVIL SUIT.
vinaykala
(Querist) 12 April 2011
This query is : Resolved
DEAR SIR,
MY MOTHER WILLED HER PROPERTY IN DEL TO HER 3 SONS IN THE MANNER BELOW:-
GF TO MY UNDER BROTHER, FIRST FLOOR TO MY YOUNGER BROTHER AND THE THEN UNCONSTRUCTED SECOND FLOOR TO ME.
MY YOUNGER BROTHER UNAOTHORISEDLY CONSTRUCTED ROOMS ON THE SECOND FLOOR OWNED BY ME AND IS RUNNING A SUCCESSFUL GUEST HOUSE.
THE WILL WAS PROBATED BY DELHI HIGH COURT IN 1995.
I WROTE TO MCD ALL ALONG AND THE FORMAL ORDERS FOR DEMOLITION WHICH WAS DONE IN APRIL 1999 AND SUBSEQUENTLY , WAS PASSED BY
MCD BUT IN CONNIVANCE WITH POLICE HAVE NOT DEMOLISHED AND ALLOWED THE GUEST HOUSE TO RUN.
I HAVE FILED A SUIT FOR POSSESION AGINST HIM, MESNE PROFITS AND AGAINST POLICE FOR NOT STOPPING ILLEGAL GUEST HOUSE ACTIVITY AND AGAINST MCD FOR ITS FAILURE TO DEMOLISH IT.
MY YOUNGER BROTHER HAS TAKEN THE PLEA THAT THE SECOND FLOOR BELONGS TO HIM AFTER AN ORAL SETTLMENT WAS REACHED WHERE HE RELINQUISHED HIS SHARE OF LUCKNOW PROPERTY FOR THE SECOND FLOOR OF DELHI HOUSE.
THE LUCKNOW PROPERTY WAS WILLED TO ME AND HENCE THE QUESTION OF SHARE OF ANY BROTHER DOES NOT ARISE.
MY QUERY IS :-
1. SHOULD I GIVE AMONG THE LIST OF WITNESSES NAME OF MY ELDER BROTHER WHO SAYS HE SHALL DEFINITELY DEPOSE THAT THERE WAS NO ORAL SETTLEMENT.?
2. THERE IS SOME SAY, 10 % CHANCE THAT HE MAY NOT DEPOSE AS HE MAY NOT BE WILLING TO GO INTO THIS HASSLE.
3. CAN THE COURT SUMMON HIM AS A WITNESS IF HE DOES NOT COME TO DEPOSE? IF CALLED HIS DEPOSITION WILL BE IN MY FAVOUR AND FOR TRUTH. HE IS ON NOT GOOD TERMS WITH MY YOUNGER BROTHER WHO IS THE DEFENDANT.
4. AS I SAY MY ELDER BROTHER SAYS HE SHALL DEPOSE IN MY FAVOUR. MY LAWYER SAYS THAT WE SHALL NOT PUT HIS NAME IN THE LIST OF OUR WINESSES BUT LATER ASK PERMISSION OF THE COURT TO PRODUCE HIM AS WITNESS.
SIR, KINDLY GUIDE ME
VINAY KALA
APRIL 12,11
R.Ramachandran
(Expert) 13 April 2011
You say that the Lucknow property was bequeathed to you. If this be so, then where does the question of any oral settlement qua the Lucknow property arise?
In any case, when your lawyer says "don't put your elder brother as a witness", go by his advice. He is the best judge in the matter.
Naresh Kudal
(Expert) 13 April 2011
First of all Relinquishment deed cannot be oral.
1- Yes, you should add name of your brother in list of witness.
2- If he refuses to come to court for evidence on your request, you can pray court to issue summon for this.
3- On depositing expenses for witness court will summon your brother to give witness.
4- If you have any doubt regarding your brother's visit to court on your request, you should give his name.
vinaykala
(Querist) 13 April 2011
DEAR MR NARESHJI,
YOU SAY RELINQUISHMENT DEED CANNOT BE ORAL COULD I HAVE MORE DETAILS WHERE WE CAN ELABORATE FURTHER.
SIR, I AM 90 PC CERTAIN THAT MY BROTHER WILL DEPOSE AT MY REQUEST AND IN MY FAVOUR. HE IS FOR ME.
BUT THE LAWYER HAS PUT A DOUBT.
HE SAYS COURT WILL NOT SUMMON AS THIS IS A DISPUTE BETWEEN TWO PARTIES.
NOW THAT YOU HAVE CLARIFIED I AM HAPPY
vinaykala
(Querist) 13 April 2011
DEAR MR RAMCHANDRANJI,
IT IS JUST A FALSE STATEMENT THAT ORAL SETTLEMENT TOOK PLACE.
CAN A RELINQUISHMENT OF A SUPPOSED RIGHT BE DONE ORALLY.?
AS A LAWYER PERHAPS YOU UNDERSSTAND THAT THE ORAL SETTLEMENT IS THE ONLY DEFENSE HE CAN TAKE AGAINST A PROBATED WILL.
THE POINT IS WHAT ARE OUR ARGUMENTS AGAINST AN ORAL SETTLEMENT ?
VINAY KALA
APR 13,11
