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Kodaareddy   27 August 2025

Voluntary statement at lok adalat (related but not a party)

Respectful legal counsels, Mr. A filed a partition suit against his stepbrother, Mr. B. Their father married B’s mother (SW) while A’s mother (FW) was still alive, without obtaining a legal divorce. Since the father lived with B and SW, he bequeathed his ancestral property solely to B, excluding A. While the suit is still pending before the court, both parties have now decided to reach an amicable settlement and move the matter to the Lok Adalat. In the original suit, A did not include B’s mother (SW) as a party, since she is not a legal heir. However, as part of the settlement process in the Lok Adalat, A prefers to obtain SW’s consent so that it is formally recorded that she has no objection to the settlement and is aware of the settlement between his son and step son. The question is: 1. although SW is not a party to the pending suit, can she still appear before the Lok Adalat with the consent of A and B and record her no-objection statement? 2. Is this permissible under law?


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     27 August 2025

There is no provision in law mandting an unrelated person to give NOC or any other kind of relinquishment letter during the compromise settlement of the civil suit before the lok adalat.

However you can ask her to sign as consenting witness so that she cannot disclaim the knowledge events or such developments  in future, if she is raising any claim then.

Dr. J C Vashista (Advocate )     28 August 2025

Since she is not a party to the suit (being referred to Lok Adalat) she may witness the settlement before the Adalat.

P. Venu (Advocate)     31 August 2025

Such statement does not make any difference as to the validity of the award of the Lok Adalat.

Ravikant Mani Tripathi (Advocate at District and session court Sultanpur Uttar Pradesh )     31 August 2025

You peoples can make her a consenting witness for the agreement held between you parties , she has no right to object or accept because she is not the list of heirs.


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