family settlement agreement
Querist :
Anonymous
(Querist) 18 September 2010
This query is : Resolved
A family settlement arrangement was made between the father, mother, wife and minor daughter (represented by mother) of deceased elder son and younger son, on the death of the elder son, being that the grand parents shall keep a fixed amount for the child’s long term. And the younger son shall pay a fixed sum to the wife of the deceased elder son for relinquishing her and daughter share in a joint property of the two sons and a Lic death claim to be give to the wife even though the father was the nominee.
The Lic money was paid (accepted by the wife in court), the fixed amount was deposited for the child (but four months late then the date fixed) (here the wife says I don’t know regarding this having been done) (in court) .The wife of the elder son under influence of her brother did not relinquish nor the money was paid. Had moved court asking for partition of property and saying the family settlement is no more valid by blaming the younger son that he did not give the amount before hand before the fixed date prior to her signing. (Were as these things are done simultaneously by registered deed) Trying to take benefit of the minute details, which were not mentioned in the settlement at the time of making the agreement.
In a judgment of a lower court the court has dismissed the case saying that the all concerned parties are not in the case. (Mother being 1st class heir was not a party in the case as the wife was asking for 50% share of the property and the court preferred to remain silent over the family settlement). Now the younger son has moved the higher court for relief under the family settlement.
Q.What is the loco standing of the family settlement arrangement, which has partly, been implemented from the parents and younger son side?
And once the case is dismissed what are the options left to the wife of the deceased to file in the higher courts? To file fresh partition case?
Guest
(Expert) 18 September 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9960223100,9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MATTER KINDLY NOTE THAT.
1.AS THE MATTER IS REFERED TO HIGH COURT BY ONE OF THE FAMILY MEMBERS,ALL THE PARTIES HAVE TO PRODUCE THEIR DOCUMENTS AND CLAIMS WITH SAY AND LET THE HIGH COURT DECIDE THE MATTER.GOOD LUCK.
Raj Kumar Makkad
(Expert) 18 September 2010
As the appeal has been filed against the judgment passed by lower court then the case stand in continuation and practically nothing remains changed but is proper to obtain stay order against the disposal of any of the properties by either of the parties during the trial of the appeal.
All other persons in appeal have to establish the settlement beyond any reasonable doubts and so far as options available to the wife of deceased are concerned in the latest circumstances, she has also to face the appeal and has to insist on the judgment passed by lower court.
