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Tipsy (importer)     09 March 2009

Family settlement- the proceeding will be done in house, do we need a lawyer or not ?

Family settlement- the proceeding will be done in house, do we need a lawyer or not ?

My 2 Cousin brother is having a dispute, Family is making a genuine effort to resolve dispute by calling two closest friends to help in the settlement of the issue, the issue is not related to the law, but it is more of accounts related issues, The family thinks it is better to call a mutual consent lawyer, but one of the cousin brother says that the matter will be more twisted and will be prolonged unnecessarily

Kindly express your views

1.In family matter lawyer should be called or not to draft out the decisions

2 On the day of proceeding. In the house, what all thing should be kept ready

please suggest the best remedy to finish the long dispute



 14 Replies

N.K.Assumi (Advocate)     09 March 2009

It is wroung to say that presence of lawyer will twist and prolong the family settlemen. Rather I would suggest that presence of Lawyer is necessary, so that the experience of the lawyer will help resolved the settlement to avoid any future complications which lay man does not understand.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     09 March 2009

I do agree with the views of my Ld. Friend. Presence of the lawyer is beneficial for u in future also.For any type of help, if u need u can contact me at:-0987115878/09711364956

Ajay kumar singh (Advocate)     09 March 2009

I fail to understand why people think that lawyers twist a matter. A lawyer is also a human being first and then a lawyer. Can anyone say that he will never need a lawyer in life? Whether you call a lawyer or not to settle your family matters depends upon you but kindly do not blame lawyers in such a way. It is highly abusive to lawyers who do an honest job. 

Naqeeb Nawab (IPR Consultant)     09 March 2009

Rightly said Mr. Ajay Kumar,


It has now become a fashion to blame lawyers for every bad thing happening around.


Every profession have good and bad elements. Similarly, there are large number of good lawyers and may be some bad lawyers. Legal profession is a noble profession and any remark on the integrity of our profession should not be taken lightly


(Guest)

Mr. Assumi, Ms. Rakhi, Mr. Ajay Kumar and Mr. Naqueeb - I agree with all of you.  That most of the advocates are totally honest and do their best to their clients.  Even then, receive blame, if case is lost.  Everyone knows that if two parties are contesting, one party will certainly loose.  Even then, they put blame on hardworking and innocent advocate.  It discourages us on several occasions.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     10 March 2009

I agree with Mr. Prabahar.

Swami Sadashiva Brahmendra Sar (Nil)     12 March 2009

an expert's guidance is always recomendable.

Ruchi (HR Manager)     12 March 2009

even i am agreed with all of my fellow friends.


Lawyer should not be treated like a problem but like a solution......it is for our benefit...

TUSHAR SUMAN THAKER (ADVOCATE)     20 March 2009

Do not paint all lawyers with the same brush. No doubt there are lawyers who specialize in fleecing clients, or those who are not so conversant with the laws applicable in resolving a particular case and end up misguiding a client. However this is true of all professions.


As there are bad lawyers there are good lawyers also. So the sensible approach would be to speak to a lawyer, try to asses him as a human being and as a professional, and if satisfied then only appoint him to do the job at hand.


In the present instance, basically since the problem relates to a settlement amongst family members, the actual terms of settlement are required to be decided by the parties themselves. However it may be advisable to engage a lawyer since after the terms of settlement are agreed upon, the lawyer can bring his experience in drafting the terms of settlement in a clear and precise way so that there will not be any dispute in future.


Usually in a family settlements the rights of not only the parties who are now active are decided but also the rights of the next generation are also affected. Therefore to prevent all future disputes, I am of the opinion that the services of a lawyer should be availed of.


T.S. Thaker     tsthaker@rediffmail.com.

Y V Vishweshwar Rao (Advocate )     22 March 2009

 


Advocate will serve the cliient  and see that the matter will have a fianality ,  with out any further  problem on that Subject matter or the Accouts . The Account settlement and its implications  and bindign nature  and the Resolutions  can be properly put on record by the Advocate by draftign a document  that can  bind  the parties to the Issue for final settlement  .


You need not feel that advocatre will prolong the matters . It may to take a litle  time  to properly  draft the documents and to  give a final  Settlement deed /memorandum or other  legally required document  between the parties .


I advise you take the help of the adovcates

Prabhat Kumar (Advocate)     23 March 2009

A lawyer always resolve the dispute and in future if you think there should not be any dispute then you must hire professional services of a lawyer and get the family settlment recorded with the consent of both the parties and get it registered.

Hardik Mehta (Family Counsellor)     27 November 2009

Gopal,

Whats your query? and how does it effect you?

Linilchandras (-)     29 November 2009

Hi

My father in his property has given "Living Rights" to my grand mother. We are two brothers. We recently constructed our new house in the same land.

My father has 5 sisters, all are married. All of their marriage expenses were borne by my father and top to it, my father paid legally some money and bought our ancesterial land in his name to avoid any dispute later.

The land house property everything is in my fathers name, and as token of love towards his mother (our grand mother) my father has given her the living rights in his property. Now , can my fathers 5 sisters are trying to take claim on our property stating the living rights of my fathers's mother in my father's property.

My father is having all the legal documents well maintained in his name. But the "living rights" in the property given to my grandmother can be misused or not I am bit worried, Because, I my self had taken a home loan to prepare the house for my father and mother, but my father's sister's trying to take a share in our property is creating lot of tension.

Sincere request to you is please guide.. Will the "Living Rights" provided by my father to my grand mother can be misused by my fathers sisters or not..

Akanksha   15 May 2020

Tushar Suman Thaker, the way you potrayed the whole thing was wonderful 


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