Legal Question in Real Estate Law in India

Hi, we had a long case of 15 years almost and was due for the final hearing on family property settlement between brothers in the High Court. We had an agreement wherein all brothers agreed on a settlement in front of the dispute settlement commissioner appointed by the court. However, due to some unavoidable circumstances we could not have a final verdict on it and the case was put on the backburner for 5-6 years. Now i am trying to revive the case to settle the dispute and have already had the first hearing wherein my brothers asked for some time to respond. They responded later that the settlement is no longer valid as a lot of time has passed and property values have changed and want to stall the verdict. I have already drafted the response and am trying to raise the issue in the court however since last three months I am just not able to get the issue raised for hearing in front of the judge on one pretext or the other. I am not sure if its my advocate inability or just my bad luck. Is there something I can do to prioritize my case so that it can be taken up for hearing? Also, can somebody challenge the settlement that was done some years back and everybody agreed and signed on the agreement as their consent to the resolution of the matter? Please advise.


Asked on 2/23/14, 6:46 am

2 Answers from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

The settlement can be disputed certainly as it was not acted upon promptly but yes you can certainly revive the issue and try to rework on the settlement .for further query contact at 9312411481.

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Answered on 2/23/14, 7:52 am
Fca Prashant Chavan Expert Edge LLP

24.02.2014

Dear Sir / Madam,

You should take full charge and control of the matter and personally attend all Court hearings yourself.

Regards,

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Answered on 2/24/14, 8:49 am


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