Property
Querist :
Anonymous
(Querist) 16 December 2011
This query is : Resolved
I purchased a property from “X” 1999. The entire consideration was paid to “X” . The “X” executed an ATS , GPA etc in my favour but they could not be registered . The possession was also not handed over . After the death of “X” one “Y” claiming to be the only legal heir of “X” asserted his rights on the property. As per agreement I filed Arbitration case. After some time “Y” compromised the matter after taking some more money from me . I took the receipt of the same and the settlement documents and receipt were jointly submitted to the arbitrator to publish the consented award on the basis of settlement. As per the settlement the “Y” was to execute proper transfer documents in my favour and in the event of failure to not to do so was to pay me the agreed damages mentioned in the settlement . The arbitrator published the award directing “Y” to execute transfer papers and in the alternatively in the event of failing to do so to pay the agreed damages as per the settlement to me . Five months after the publication of award the “Y’ is neither executing transfer documents in my favour nor paying me the damages . Now it has been revealed that apart from “Y” one “Z” is also the legal heir of the deceased “X” and this fact was concealed by “Y” . . The “Z” has given the NOC and consent in my favour . He has also given me the letter that he is aware of the award published in my favour and is ready to honour that award also .
Sir(s), Now my query is
1. How can I get back my property .
2. What are the legal remedies available to me .
3. Is the award in my favour valid and how can it be executed .
4. Is the award binding on “Z” even when he was not the party to arbitration but he has given his consent to honour the award .
5. What actions can I take against “Y” for the execution of the Award .
THANKS IN ADVANCE
V R SHROFF
(Expert) 16 December 2011
In civil suit before SD Regular Darkhast, for execution of the decree of the Arbitrator’s Award, You can claim possession, and execution & Registration of Agreement,.
You go for MOU and NOC from Z, and produced before the court in case Y objects the execution.
Leave balance procedure to your Local Advocate for needful court proceedings.
Adv Shroff
16-12-2011
