• Settlement

My 1/4th share in undivided property was confirmed by successful verdict of madras high court but aggrieved parties filed slp in supreme court and attained a status quo order with a directions to resolve the dispute by way of settlement between brothers.When a calling letter for settlement was received from OP I rejected it and sent a denial letter to them and also made recording of the same with supreme court. i also filed counter affidavit for slp petition towards question of law and synopsis.
My doubt is that when the case is posted for hearing whether the court will insist me to go for oncegain for settlement and is there any rule to relinquish my right contrary to my willingness to the defeated parties? Kindly reply
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

During course of hearing take the plea that settlement talks have failed 

 

you cannot be forced to relinquish your rights on your share in property 

Ajay Sethi
Advocate, Mumbai
97592 Answers
7898 Consultations

You cannot be asked to relinquish your established rights in the property even by supreme court, no law can put pressure on you to foregio your rights or interests in the share of properties that you are entitled.

Since you have already filed your objections and unwillingness to the proposed compromise, the supreme court may decide the case as per the provisions of law.

You may be n touch with your lawyer at supreme court and make your stand very clear to him and to stand by it  till the end.

 

T Kalaiselvan
Advocate, Vellore
87794 Answers
2364 Consultations

1. It's your prerogative as to, whether to agree for settlement or not and no-one can force you for settlement.

2.  There's no rule which can relinquish your right contrary to your legal right and willingness.

Shashidhar S. Sastry
Advocate, Bangalore
5463 Answers
330 Consultations

- As per law , settlement order cannot be enforced against the consent of parties of the suit. 

- Hence, even court has directed to reach a settlement decision , then also it not bound with the parties , and you are free to file your reply /counter affidavit in the Supreme Court. 

- You can mention before the court that you want to proceed with the case and ready to accept the decision of the court but not interested to settle with the opponent . 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

1. It is the prerogative of court to ask you to go for another round of settlement. However, it is unlikely now.

2. Nothing stops you from relinquishing your right but you cannot be forced to part with your right, title and interest in the property.

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

You may contend in the Supreme Court that the High Court has upheld your entitlement to 1/4th undivided share based on the facts of the case. If the petitioners challenge your claim, they have to establish the question of law beyond any reasonable doubt. You need not agree for any settlement. You may ask for sale and distribution of the proceeds among all the claimants equally.

Swaminathan Neelakantan
Advocate, Coimbatore
2965 Answers
20 Consultations

-    You are already in Supreme Court.

 

-    Case is sent for mediation because one or both parties/Lawyers asked for it.

Court also have to give it a chance.

 

-    But Supreme Court also can not force you to compromise on your legal rights and property.

 

-    Now as the mediation/settlement failed, the case will be decided on merits.

You will be winning as odds are in favour of you already.

 

-    The parties file appeals to delay your enjoyment so other party can come for settlement.

Ankur Goel
Advocate, Bangalore
454 Answers

Dear Sir/Ma'am,

1) You cannot be forced to relinquish your legal right.

2) Take plea that the mediation settlement have failed at the time pot hearing. As going for settlement is your personal choice nobody has right to force you.

Thank you

Anik Miu
Advocate, Bangalore
10413 Answers
121 Consultations

Dear Sir

You cannot be forced to relinquish your right to the extent of ¼ th share. You cannot be forced to enter into compromise but many litigants out of respect to the honorable Supreme Court agree for settlements.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
492 Consultations

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