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How to enforce Arbitration clause in Family Agreement?

Querist : Anonymous (Querist) 14 August 2010 This query is : Resolved 
I am pited against criminal minded family members who are not agreeing to arbitration as per MOU signed for Family Settlement for the estate of late father who expired intestate without a WILL ?

There is a untanable demand from one of the brother and his wife for Rs. 60 lacs and they are refusing to move ahead with an Application already made in High Court for Letter of Administration in January 2010 which requires some modifications or additional information to be given to the court. I am one of the three petitioner and suffering due to delay in the matter and had suggested arbitration to other legal heirs and the one demanding or trying to exort a huge sum from me. Pl. give your opinion to following queries:

1) How can I enforce Arbitration in their demand for Rs.60lacs up front ?

2) As it is in fact arm twisting and cheating act on their part so xcan I file police complaint against the brother and his wife ?

3) They have forced me and other legal heirs sign a modified MOU in Nov. 2009 where in very conveniently removed the arbitration clause which was there in the
initial Family Agreement.

4) Due to clause 3 above can I enforce arbtration for just and speedy solution in the matteras I can prove that there demand for Rs. 60 lacs is untanable.

5) The crooked brother is working with Dusche Bank so will it help if I tell the bank management about this ?
s.subramanian (Expert) 14 August 2010
is the original family agreement containing arbitration clause with you? If so,you can file a petition before the High court seeking appointment of arbitrator. you can challenge the removal of the arbitration clause under the new agreement as under undue influence and duress. you can also lodge a criminal complaint for extortion and cheating.
Querist : Anonymous (Querist) 14 August 2010
Sir, Thanks for your expert advice but pl. intimate if Can I directly file a petition before High Court or I will have to go through MM's Court.

Also you have adviced lodging a complaint. Pl. advice if has to be made to police or the court?

Devajyoti Barman (Expert) 14 August 2010
For appointment of arbitrator you have to approach High Court. For criminal case you have to have to go to the nearest court of Magistrate having jurisdiction.


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