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bsrao   11 May 2015

Compromise deed

A, B, C and D are private parties. X is the Government. A has filed a case against X, B, C and D. All have claims on the disputed property. A, B, C, D are not related. Now, B, C and D agreed to withdraw their claims against the property. 

Which is the best advice to continue the dispute only between A and X?

a). Take registered relinquishment deeds from B, C and D in favour of A. Make B, C, and D file affidavits to support A's prayer. (Are unregistered relinquishment deeds valid? If not, are they valid when parties are not related? How can one relinquish what they do not possess or have?)

b). File a compromise deed entered between A, B, C and D before the court. Can compromise be reached between few parties to the case? Will it tantamount to collusion against X? If this is valid, what are the precautions to be taken in filing the compromise? Can X object to the compromise between A, B, C and D?

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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     14 May 2015

A has filed the case agaisnt the defendants which includes the government (X), though the other defendants would express to withdraw their claim in the property, the relief sought nagainst the X (government) has not been made good or X has not come forward to submit to the decree prayed for by A as done by other defendants.  The other defendants can record their stand by filing an affidavit before the court stating that they withdraw their claim in the property or willing to relinquish  their rights on the same, the case will then proceed aainst the other contesting defendant.  


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