My father had an ancestral property with major portion in his name and rest in his mother's name. My father also had 40 cents adjoining to this property through a sale deed in 1980. The whole property was without separations and my father's mother stays in it. After my father's death, 2 partition deeds were executed between 4 heirs of my father (his mother, my mother and 2 children).
1st partition deed for self acquired property executed in 2008: My father's mother and my mother gave up their shares to 2 children.
2nd partition deed for the above mentioned ancestral property executed in 2011: My father's mother alone gave up her share to my mother and 2 children.
Over the years, my grandmother told us that the 40 cents went missing in re-survey. On investigating, we found that she is illegally paying tax on it along with the 10 cents in her name. When she found out that we came to know, she registered 50 cents to her grandson without our knowledge. This forced us to file a suit to recover the 40 cents.
She and her grandson filed 3 separate case against us. Filed 2 injection orders to get 1/4th share from my father's properties stating that the deeds were executed by fraud. She also filed a case against the bank stating that the bank released my father's FD without her knowledge and that she never received her share. Bank had requested all heirs to present a signed and notarized affidavit before releasing the amount, which my grandmother also produced. I paid my grandmother her share and gave rest to my mother. But did not get any written proof from both of them. I have given her money in the past for her expenses but never took a receipt. My bank has put a hold on my account for the amount with interest.
These cases are in the court for 2 years now. My lawyer showed interest in the beginning, would call me frequently but eventually he started saying that I should go visit my grandmother and get her to compromise. He stopped calling and said to visit him only if he calls. My lawyer turned out to be friends with my grandmother's son-in-law, I doubt if thats the reason the lawyer lost interest in my case. Two months back, he called and said that one of grandmother's case was disposed. Two weeks back, my grandmother phoned me and told that she is willing to give the missing land and asked me to withdraw my case.
My grandmother is very shrewd and manipulative person. Even though one partition deed was done immediately after my father's death, she held on to the ancestral partition till 2011 for her manipulative interests. I am not confident if she is willing to give the land or if it is one of her tricks. But I am interested to settle the case in the proper manner.
1. What are the procedures to withdraw the case? Will the settlements be registered with the court?
2. Should I go for settlement outside court? What are the procedure?
3. Also is there a way to settle this without involving my lawyer since I do not trust him completely. If an understanding is reached between me and my grandmother, I do not want him to take advantage out of the situation.
