Settelment
teja
(Querist) 19 October 2011
This query is : Resolved
dear sir,
my mother and father de-parted mutually a year back but, their were un settled things between each other i.e. land,money,house documents etc all were with my mom .since one year their was no any kind of communication between them the issue was left alone .
later my mother was suffering from cancer and i thought of selling a land which is on her name after selling it i came to knew that my father filled up a case against the land saying that it belong to him and telling that my mom had cheated him by registering the land on her name for which he paid money few year back.
and also register a case saying that me and my mother ran away from house with documents and house hold things.
later i talked with my father lawyer asking for a compromise and exchanging the document which left with my mom and also giving back his land which i sold out.
but, how should i go for compromise and make sure no more case against my mother after compromise? and please explain me the method of mutual compromise? should i hire a lawyer during compromise?
note: my father works abroad and had an illegal affair with another women which is the only reason caused departed .
Shonee Kapoor
(Expert) 19 October 2011
If the property was in the name of your mother, she had all the right to sell the land. It is immaterial whether the property was purchased from whose money. No case can be there for immovable property after 3 years.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 20 October 2011
It is not a big issue.
Since it is civil suit you can incorporate several terms and condition in the compromise petition under 23 rule 3 of cpc.
In the said compromise petition apart from incorporating the terms of settlement mention that in future on the basis of this dispute no further case would be filed by any of the parties and the dispute is set at rest for good.
That would be enough to dispel your apprehension.
prabhakar singh
(Expert) 20 October 2011
1]You are advised to engage a lawyer as you seem to have not even basic idea of things spoken here.
2]If you want to contest your father has very little chance to succeed in any of his cases.
3]As the property was purchased in your mothers name then she is the absolute owner.
4]Even if the property was purchased from his money,your mother can claim that he used to give house hold money from saving there of she purchased and even if it is not proved in alternatively it can be also proved that he gifted the money to her.
5]the cheating case or claim for money can lies only with in 03 years from knowledge.
6]Maybe he is your father but he does not deserve the treatment of surrender unless circumstances are very compelling for you.
7]If no divorce has taken place between him and your mother a DV CASE should be fired on him as he is liable bear her day today maintenance as well as treatment expenditure and also to provide her living accommodation.
8]If you are below 18 ,he is liable to maintain you also.
9]compromise or contest,you shall need a lawyer so that he may not ditch you or your mother.
teja
(Querist) 21 October 2011
dear sir,
thanks for your valuable advices,
as a first step lets me meet my fathers lawyer and get the case copy which is filled and than hire a lawyer for compromise , since he was my father i had to morally compromise for peace. do get back soon after my first step.
teja
(Querist) 21 October 2011
dear sir,
i had a positive reply to compromise but, my father is asking to submit the documents first and later after a week let go for dialogue to settlement .
so should i do it or make sure things happen with an a single stretch i.e exchanging the documents and withdrawal in a single day or two days? please advice me.
Devajyoti Barman
(Expert) 24 October 2011
Compromise does take some time. So do not hurry.
