You can file consent terms in court that jewellery has been duly received
2) once consent terms are filed in court it is binding upon parties
3) if you don’t trust K do t sign any receipt out of court
Partition suit - clarification
Guna and his wife Jo, a Hindu family from Tamil Nadu, passed away in 2019 and 2021, respectively. The legal heirs of Guna are his son Kumar, daughter Meena, and his mother Poon. For Jo, the legal heirs are her son Kumar and daughter Meena. Meena and Jo's jewelry were kept in a bank as collateral for a loan, which was repaid by Meena and Kumar after Jo's death. The repayment money came from the sale of Guna and Jo's property by Meena and Kumar. However, Kumar took possession of all the jewelry and did not share any with Meena, despite obtaining her signature on a regular piece of paper listing the jewelry received, with the date also mentioned. Subsequently, Meena filed a partition suit against her grandmother Poon and her brother Kumar regarding other immovable properties and the jewelry. Now, Kumar is offering to give Meena her jewelry and 50% of Jo's jewelry. He is asking Meena to sign a receipt for the jewelry, including 50% of Jo's jewelry. Meena is concerned about Kumar's reliability, fearing he might take any steps that could disadvantage her. She is afraid to accept the jewelry from him and sign the receipt, especially while the case is still in court. Questions: 1. What will be the legal effect of the signature on the regular paper acknowledging the receipt of the jewelry? 2. Is it advisable for Meena to sign and receive the jewelry while the case is still in court, given her concerns about Kumar's reliability? 3. What are safety steps can Meena take if she decides to sign for the jewelry? 4. What other possible steps can Kumar take after obtaining Meena's signature? 5. Could Kumar claim that a compromise discussion is underway and request the court to cancel or halt the proceedings if meena get the jewelry? 6. Share your guidance on this whether Meena go ahead and get jewewlry without sign? Or with sign or set back?
Asked 1 year ago in Property Law
Religion: Hindu
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6 Answers
It is not advisable to sign any paper out of court during the pendency of a case. Instead a compromise decree can be drawn by an agreement between parties with the terms and once decree is passed all the parties are bound by it and cannot be challenged in future. Therefore she can ask him to reduce the terms and conditions to writing and file the same as part of compromise settlement between them.
No he can’t cancel the court proceedings on that basis unless same is filed in court
Dear Client,
The signature on the regular piece of paper acknowledging the receipt of the jewellery can be legally significant. It might be interpreted as Meena accepting that she has received her share of the jewellery. This could potentially weaken her claim in the ongoing partition suit, as Kumar could argue that Meena has already received her due share and has acknowledged it in writing. Given Meena's concerns about Kumar's reliability and the ongoing court case, it is generally not advisable to sign any documents or accept the jewellery without taking proper precautions. Signing the receipt could be construed as an acknowledgment of settlement outside the court, which might adversely affect her legal standing in the ongoing partition suit. If Meena decides to proceed with signing and receiving the jewellery, she should ask for a receipt specifying the items being received and sign it in the presence of witnesses. If possible, specify that the receipt of the jewellery does not affect the ongoing partition suit or any other legal claims Meena may have. If proper steps are not taken Kumar might claim that the receipt of the jewellery constitutes a full and final settlement by presenting the signed receipt in court.
Yes, it is possible that Kumar could claim that a compromise discussion is underway or that a settlement has been reached if Meena signs the receipt. He might request the court to cancel or halt the proceedings based on the alleged settlement. This could complicate Meena's legal standing in the case. Hence, Meena should ideally avoid signing any documents until the court case is resolved. If Meena decides to sign, she must take the safety steps mentioned above to protect her interests. She should explicitly state in the receipt that the acknowledgment of the jewellery does not settle any ongoing disputes or legal claims. Should you require any further clarification, please do not hesitate to contact us.
1. Since, the case is pending before the Court , then the said receipt can be used as evidence by the opposite party Kumar.
2. She can move an application before the Court for getting stayed over the assets & properties.
3. She can mention therein that she is only receiving the share in the jewelers and not of any properties.
4. He can use that receipt as settlement out of the court.
5. Yes,
To summarize answers to all the questions, go for compromise even if you loose major pie.After all a bird in hand is worth two in a bush. The cost,time and energy involved in completing a case would render the value of the property worthless.
G.Rajaganapathy
Advocate,
High Court of Madras.
