Property dispute
vinod sharma
(Querist) 18 May 2014
This query is : Resolved
“V” PURCHASED THE RIGHTS OF THE ALTERNATE PLOT/ PROPERTY MEASURING 250 SQ. YD . FROM “AS” ON 9.10.1996 AN AGREEMENT TO SELL GPA AND OTHER DOCUMENTS WERE EXECUTED/SIGNED BY “AS” IN FAVOR OF “V” .
A WILL DATED 9.10.1996 WAS ALSO EXECUTED BY “AS” IN FAVOR OF “V” . THE SAID WILL WAS DULY REGISTERED IN THE OFFICE OF THE SUB-REGISTRAR DELHI .
MR. “AS” WAS BACHELOR AND NEVER MARRIED DURING HIS LIFETIME.
MR. “AS” EXPIRED ON 5.10.1999 . MR. “AS” HAD NO CLASS –I LEGAL HEIRS .
IN THE YEAR 2000 , AFTER THE DEATH OF “AS” , “V” APPLIED FOR THE MUTATION OF THE SAID PROPERTY IN HIS NAME IN DDA ON THE BASIS OF THE WILL BUT MUTATION WAS NOT DONE
FURTHER IN JUNE 2007 ONE OF THE LR SAY “ B ” DISPUTED THE AGREEMENT , WILL ETC BY AS IN FAVOR OF “V ” . AFTER THE DISPUTE AROSE IN RESPECT TO THE AFORE SAID PROPERTY, “V” INVOKED THE ARBITRATION AS PER THE AGREEMENT IN 2007 ITSELF .
SINCE THE DDA HAS SUGGESTED TO SETTLE THE CASE FROM THE COURT THEREFORE A PROBATE CASE WAS FILED BY “V” IN JUNE 2010 IN DELHI COURT FOR THE PROBATE OF THE WILL DT. 9.10.96 . THE WINESSES HAVE DEPOSED IN FAVOR OF “V ” .
IN THE MEANWHILE IN AUGUST 2010 “B” APPROACHED “V” FOR SETTLEMENT .
A JOINT SETTLEMENT DEED WAS PREPARED AND SUBMITTED TO THE ARBITRATOR WITH A REQUEST TO PUBLISH THE AWARD ON THE BASIS OF THE SETTLEMENT DEED. A CERTAIN AMOUNT WAS PAID TO “B” IN LIEU OF THE SAID SETTLEMENT AND RECEIPT OF THE SAME WAS ALSO SIGNED AND SUBMITTED TO THE ARBITRATOR .
THE ARBITRATOR ON 9/2010 ON THE BASIS OF THE SETTLEMENT DEED PUBLISHED THE AWARD OF DIRECTING “B” TO TRANSFER THE SAID PROIPERTY IN FAVOUR OF “V” BY EXECUTING SALE DEED / PROPER DOCUMENTS AND FURTHER IN THE EVENT HE FAILS TO TRANSFER THE SAID PROPERTY IN FAVOUR OF “V” THEN TO PAY THE DAMAGES OF CETAIN AMOUNT TO “ V” AS AGREED IN THE SETTLEMENT DEED . .
AS PER THE UNDERSTANDING A NO OBJECTION IN THE FORM OF AFFIDAVIT WAS FILED BEFORE THE PROBATE COURT DULY ATTESTED BEFORE THE OATH COMMISIONER WAS FILED BY “B” ON 6.1.2010 THRU HIS ADVOCATE . ON THE SAME DAY “B”CAME ALONG WITH SOME OTHER ADVOCATE AND STATED BEFORE THE COURT THAT HE HAS NOT SIGNED THE AFFIDAVIT OF NO OBJECTION AND BACKED OUT FROM HIS COMMITMENTS AND FILED OBJECTIONS TO THE PETITION OF PROBATE CASE . SEEING THE CONDUCT OF “B” THE COURT ISSUED NOTICE U/S 340 CRPC AGAINST “B” FOR STATING LIE BEFORE THE COURT .
“B” FILED OBJECTIONS AGAINST THE AWARD IN TRIAL COURT . DISMISSED . THEN HE FILED APPEAL IN HC . DISMISSED .
“V” HAVE FILED THE EXECUTION OF THE SAID AWARD .
NOW QUERY;
IS THE ARBITRAL AWARD VALID ?
IS THE PROBATE CASE GOING ON VALID ?
CAN THE ARBITRATION FOR SPECIFIC PERFORMANCE AND PROBATE PROCEEDINGS CONTINUE IN PARALLELLY ?
CAN THE EXECUTION OF THE AWARD AND PROBATE PROCEEDING CONTINUE PARALLALLY . ?
WHAT ARE THE LEGAL OPTIONS AVAILABLE TO “V” .
6 . SHOULD “V” CONTINUE WITH THE PROBATE PROCEEDINGS OR WITHDRAW THE PROBATE PETITION .?
7. SHOULD “V” CONTINUE WITH THE EXECUTIONPROCEEDINGS OF THE AWARD ?
T. Kalaiselvan, Advocate
(Expert) 19 May 2014
What is the opinion of your advocate on all the queries raised by you?
In my opinion:
1) Yes,
2) Yes,
3) No answer without knowing he details.
4) same as 3 above,
5) What is the relief he wants?
6)He shoul continue the probate proceedings for the future benefits,
7) what about the probate?
