Partition suit
Ramesh Tikamdas Bajaj
(Querist) 29 April 2013
This query is : Resolved
Plaintiff has filed partition suit in 1990 against 3brothers ( a, b, and c)
Now there is a dispute between these 3 brothers.
Plaintiff wants to settle for his 1/4th share of flat and wants to withdraw the suit.
a is agreeable to allow him to withdraw but a wants to protect his rights for the balance properties and monies.
Can plaintiff withdraw.; also how does a protect his rights for balance rights (Plaintiff and a, b and c have agreed to sell the flat and distribute equally)
a wants to ensure that his rights are protected for the balance properties. Will a have to file new case ,or will this suit continue??
Brothers b and c are not permiting any middleman/ HC had appointed retird justice H Suresh, but they would not listen to him. Our common solicitor had drafted agreement after discussing for 2 years, still they would not proceed even after giving in writing for mediation, even after saying so in HC.
Am at wit's end.
Ramesh Tikamdas Bajaj
(Querist) 29 April 2013
brothers b and c do not want to settle amicably even though the courts have suggested mediation.
Plaintiff wants to settle with only flat because he is very well settled.
brother a will not be able to start life again with only flat sale proceeds.
brothers b and c who are in control are well settled and do not want to settle amicably with brother a for the balance monies and properties. brother a has given everything he earned to brothers b and c before dispute started a few years back.
I want to know legal psoition.
Adv k . mahesh
(Expert) 29 April 2013
try any middle men to settle the property
R.K Nanda
(Expert) 29 April 2013
settle amicably.
Devajyoti Barman
(Expert) 29 April 2013
only amicable settlement can settle these issues. Else continue the suit.
Ramesh Tikamdas Bajaj
(Querist) 30 April 2013
Brothers b and c are not permiting any middleman/ HC had appointed retird justice H Suresh, but they would not listen to him. Our common solicitor had drafted agreement after discussing for 2 years, still they would not proceed even after giving in writing for mediation, even after saying so in HC.
Am at wit's end.
Raj Kumar Makkad
(Expert) 01 May 2013
If amicable settlement is not possible and your brothers are adamant not to listen to such mediators like a retired high court judge then you have no other option but to pray the court to decide the matter on merits as none is above the law.
