Respected sirs and madams,
My brother and I have a dispute regarding our father’s property. Although we both possess registered wills from our parents and grandparents, the property is not clearly specified in either document.
Now, both my brother and I, each of us having children, wish to settle the matter amicably. We have agreed to partition the property based on an oral arrangement originally made by our grandparents, even though this does not perfectly align with the terms of the registered wills.
A friend has advised us to file a civil suit and seek a compromise settlement through Lok Adalat. The reason is that since the wills are ambiguous and unclear, a formal partition through Lok Adalat — which is non-appealable — would provide legal finality and reduce the risk of future disputes, especially from future generations or from either of us changing our mind.
My questions are:
-
Do we need to first file a civil suit in a regular civil court and then request a transfer to Lok Adalat, or can we directly approach Lok Adalat for a compromise-based partition?
-
Before filing the suit, I would like to obtain a written confirmation from my brother regarding the agreed division of property. If both of us sign an agreement on a Rs.100 non-judicial stamp paper, in the presence of witnesses, clearly specifying which property belongs to whom, and have the document notarized — will this agreement be legally binding? This document is only for temporary basis until the compromise is settled in the Lok Adalat court. My concern is that my brother might change his mind while the suit is pending in court. I want to ensure that the agreement we reach now is holding him until the judgement is passed and will protect our mutual agreement if he later attempts to withdraw.
OR is there any better way?
