• How can we go for mediation in property dispute

My father and uncle have a property dispute since 2012 . We have 10 pending cases in lower court in kanpur. Out of 10 , 5-6 are criminal cases . My uncle did a forgery in the same dispute and court sent him jail (non bailable offense 420,468,471 ) after some days upper court of kanpur grant him bail .

Now on the mutual consent we want to resolve the property dispute . 
I want to know 
- what is the procedure for the same through highcourt . 
- how will both get succession . 
- what about criminal cases related to property dispute . In one case in which uncle sent to jail is now uncle vs up government.
- is there any mediation fee ?
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

File for quashing in HC on basis of settlement arrived at between parties 

 

2) enclose consent terms for settlement of all disputes 

 

3) consent affidavit of complainant 

Ajay Sethi
Advocate, Mumbai
96746 Answers
7804 Consultations

If the parties to the suit would like to settle the matter by compromise through court,  they can file a joint memo seeking to refer the matter to lok adalat where the matter will be decided after mediation on mutually agreed terms and conditions. 

There's no fees for mediation. 

T Kalaiselvan
Advocate, Vellore
86941 Answers
2334 Consultations

No mediation fee. You need to apply the same in high court for succession. Need to send notice to all legal heirs as respondents

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

1. So far as criminal cases are concerned, if they relate to non-compoundable cases, both accused and complainant have to file a petition for quashing before the High Court after executing the compromise deed.

2. Civil cases can be withdrawn by filing a simple application and then a consent decree can be passed.

3. There is no mediation fee.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Dear Querist

file an application before the civil court under section 89 of CPC for the alternative dispute resolution.

or file an application before the Allahabad High Court mediation Center for the amicable settlement, there is no Fee.

if the matter will be settled then a quashing petition can be filed for quashing the criminal cases.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

Dear Sir,

In every court there are mediation centers and the court may transfer the cases for mediation if there is any scope of settlement. You are suggested to take benefit of this and settle your cases. There is no fee for mediation etc.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

Mediation is free. You can approach mediation centres of your city which are generally in court premises. 

Either go to mediation centre or tell your court during hearing to send your case to mediation. It will be done and settled. Advice you to get a good settlement agreement written and executed before settling in court. Good luck. 

Gopender
Advocate, New Delhi
384 Answers

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