Advocate Pritesh Burad graduated in 2013 and has been practicing judiciously and serving the legal f... Read More
What Is 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.
- Sector-1, Noida
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.
Answered on 28 Sep 2018
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