Lokadalath award
ganesh
(Querist) 08 July 2015
This query is : Resolved
Dear gentlemen,
I am having 2 sisters and i am the only son to my parents.We settled our family properties dispute(father's ancestral as well as acquired properties) in Lokadalath by effecting partition under family settlement.Ours is Hindu family and my father is alive.According to our customs we effected the above partition under family settlement.So our 2 sisters got less share in the partition.Remaining big share is in name of my father and myself jointly.During settlement in Lokadalath ours sisters agreed to take less share and my mother desired to leave her share in favour of joint family.so my mother didnot take any share.After some months my sisters are threatening me to give some more share because under hindu law daughters are entitled to equal shares as of sons.But in our case am having the following Doubts..
(1)According to Hindu law ,daughters and sons are entitled to equal share in the parents property.But in our case actually my sisters got less share when compared to my and my father joint share.Do my sisters succeed in the above case,if they file a case for setaside the above lokadalath partition?
(2)The above Lokadalath award for PARTITION has been passed two years back in the LOKADALATH COURT..As per law every family settlement in writing should be get registered... But till now the partition award is not registered....With this Could my sisters can challenge the partition award as the award is not registered yet??
Thanking you all..
P. Venu
(Expert) 09 July 2015
The award of the Lokadalath is binding on your sisters unless they can allege and prove fraud/misrepresentation.
Rajendra K Goyal
(Expert) 09 July 2015
The settlement in the Lok Adalat is binding on both/ all parties to settlement.
Dr J C Vashista
(Expert) 10 July 2015
Agreed with experts, lok adalat decree/ decision by compromise/family settlement is binding and non-appealable.
