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family settlement arbitration agreement


 

A family settlement was executed between 4 members of a property in 1979. That family settlement has an arbitration clause in it which mandates that in case of disputes between the parties for partition than the matter will be decided and finalize by udayram, Uncle of all four brothers. Now no dispute arose till date, all 4 members (parties of family settlement) died and sole arbitrator Udayram is also dead. Now question is arbitration clause of that family settlement will be binding on LR of 4 brothers or not.

Note - family settlement is not admitted by maximum LR.

 
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Advocate & Regd. Patent Attorney

In the civil court you are allowed to file an arbitration suit stating that since the arbitrator mentioned in the family settlement is no more, the case may be decided by any of the civil Judge as an arbitrator. Further, the mentioning of arbitration clause does not bar any aggrieved party to approach the civil court and you are allowed to file a civil suit for re-division. In case any of the LR’s object to this civil proceedings and say that the subject of the suit must be referred to an arbitrator and not to the civil court, then the court shall decide on such an application from the LR who so objects.

regards,

Vandana Vaidya.

Advocate / Patent Agent.

 
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@Adv.Vandana Vaidya "the mentioning of arbitration clause does not bar any aggrieved party to approach the civil court and you are allowed to file a civil suit for re-division"

plaese any case law for this.

 
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does section 40 arbitration and conciliation act 1996 applies when all parties to agreement are dead before dispute arises

 
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In your case sec 11 of Arbitration and conciliation Act 1996 applies.Arbitration clause has binding effect on LR's of executant's of Family settlement.if any LR of executant of family settlement disputes regarding the clause in that situation suggest him any name of Arbitrator through notice,if he disagree or does not reply with in 30 days than file a petition u/s 11 [6] of Arbitration and Conciliation Act 1996 to appoint Arbitrator to Cheif Justice of your High Court.Civil court has no jurisdiction to decide and conduct the questioned matter.  

 
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