Raj 29 January 2018
R.Ramachandran (Advocate) 29 January 2018
You have to necessarily talk to a lawyer in Delhi, show all the documents in your hands and take further steps.
P. Venu (Advocate) 29 January 2018
The posting lacks clarity. How do you claim you have inherited the property? What do you mean by "Award he made with his brothers"?
Kumar Doab (FIN) 29 January 2018
Indian Law Applicable to Arbitration Agreement - Consequences
2.1 Validity of Arbitration Agreement
‘2.1.1 Matters that may be referred to arbitration - restrictions under specific laws
Generally, all disputes which can be decided by a civil court, involving private rights, can be referred to arbitration. Thus, disputes about property or money, or about the amount of damages payable for breach of contract etc., can be referred to arbitration. However, according to the general practice, following matters are not referred to arbitration.’
New Law
Section 16 of the new law empowers the arbitral tribunal to rule on its jurisdiction:
6…. A party aggrieved by such an arbitral award is free to make an application for setting aside the award under section 34 of the new Act. Section 34(2)(a) inter alia permits a challenge to an award on the above grounds.
https://www.icaindia.co.in/icanet/rules/commercialarbitration/arbitration&conciliation/chapter1b.htm
Contact Us
D SENGUPTA
Additional Director
Indian Council of Arbitration
Room 112, Federation House
Tansen Marg
New Delhi 110001
Phone No.( 91 011 2371 9102 (D) 23319849, 23719103, 23319760, 23350087, 23738760-70
stock,send,fax 91 011 23320714/23721504
Email : ica@ficci.com, debajyoti.sengupta@ficci.com
Kumar Doab (FIN) 29 January 2018
You have not made IT clear what was the dispute and was IT amenable to arbitration and whether IT the award was challenged or not?
Nevertheless; It seems from your post that you want to stress that award was right and acceptable and accepted……………and there is NO infirmity with scope of arbitration in the said matter….
Kumar Doab (FIN) 29 January 2018
It is believed that all involved are Hindu and Hindu Succession laws/rules shall apply in this case.
Confirm!
The nature of property that devolves by inheritance, WILL, partition, decree is; self acquired.
The process and procedure to get share updated in mutation records is simple.
The authority under whose jurisdiction property falls has a set procedure for matters; …….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence), decree are basic requirements.
The authority shall update share as per provisions of decree in mutation records.
By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.
If you are unable to handle on your own, you may approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and having a successful track record….
Raj 07 February 2018
Thank you for the Information Sir, can you suggest a local counsel in Delhi?
Kumar Doab (FIN) 07 February 2018
I can tell you about senior counsels who are successful in courts, HC………….and whose students became successful Lawyers, Judges, Chief Justice in HC, and Supreme Court of India……. However it is the litigant that should search and find with own effort…. This is the best thing that one can do for one's case, sake and cause.
Kumar Doab (FIN) 07 February 2018
In any case or for any case, litigation one should chose a very able Senior LOCAL counsel of unshakable repute and integrity specializing in concerned filed of law and having successful track record…. For simplicity; one takes care to ask, check with many vendors while going for a commodity say; Bhajiya, Bhaji, Vegetables, grocery and …………..so one should be concerned and careful while handling litigation as IT is much serious matter in one’s life …and choosing a counsel….more so for complicated matters and when stakes are high… The courts at Delhi are one of the most busy Courts, Civil Courts, High Court, Supreme Court, and Expert counsels are available to the clients that come to courts to attend litigation………. It shall be surprising if one cannot find a counsel as suggested above… It is another matter if one does not try and search ………… By now after posting the query and reading the responses you must have realized that you need to find a counsel as already suggested above….. If you are concerned and are in India search and find a counsel for your matter.. as already suggested above.
Search by your own efforts .............
There are unlimited threads at LCI also where unuspecting querist are allured by posers, impostors and are fleeced...
Raj 07 February 2018
Ok Sir, Thanks for the guidance :)