• Withdrawal process of ancestors will/property

The case of probet of Will of ansester property was over in March 2024 in Lok Adalat and withdrawal was accepted by plantiff. Now plaintiff wants to restore the same Will in September 2024.

We wish to find out, under which circumstances the will can be restored or restoration request can be rejected. & In which section it can be restored and in which section it will not be restored. We desire that Will should not be restored by court.
 
About this acceprance or rejection of "Will restoratin case" Is there any verdict available?
Asked 12 days ago in Property Law
Religion: Hindu

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10 Answers

If the plaintiff had withdrawn the probate case with the leave of the court to file a fresh petition at a later stage then the fresh probate case is valid.

If it was withdrawn in Lok adalat and a compromise settlement was drawn as judgement then the probate case may not be entertained by court.

Hence it is important to peruse the case papers to render further opinion.

T Kalaiselvan
Advocate, Vellore
87918 Answers
2368 Consultations

A case withdrawn before a Lok Adalat due to a compromise generally cannot be reopened as the settlement reached in a Lok Adalat is considered final and binding on all parties, meaning it cannot be modified or reversed by the Lok Adalat itself; essentially, once a case is settled through compromise in a Lok Adalat, it is considered closed and cannot be reopened unless there are extreme circumstances like proven fraud involved. 

The decision made by a Lok Adalat is considered a decree of a civil court and is final and binding on all parties involved. 

In rare cases, if there is evidence of fraud or misrepresentation during the compromise agreement, a party may be able to challenge the Lok Adalat settlement in court.

T Kalaiselvan
Advocate, Vellore
87918 Answers
2368 Consultations

He can’t restore the said withdrawal made in Lok adalat unless it’s a fraudulent act

Prashant Nayak
Advocate, Mumbai
33017 Answers
214 Consultations

Restoration request can be rejected in ground that decision of Lok adamant is final and binding 

 

2) 

  • The Legal Services Authorities (LSA) Act, 1987, states that the award made by a Lok Adalat is final and binding on all parties. 

     

 

Ajay Sethi
Advocate, Mumbai
97716 Answers
7915 Consultations

The only way to challenge a Lok Adalat award is by filing a writ petition under Article 226 and/or 227 of the Constitution

 

2) The Gauhati High Court, while hearing an appeal against a judgment of a Civil Court, has held that agreement of settlement arrived at Lok Adalat is deemed a decree of a civil court and as such it is binding upon the parties.It further held that no appeal lies against it to any court and if any party wants to challenge such an award based on settlement, it can be done only by filing a..writ petition 

Ajay Sethi
Advocate, Mumbai
97716 Answers
7915 Consultations

Any agreement reached before DLSA  is final and binding and is a decree of Court under  Section 21 of Legal Services Authority Act. The agreement  reached can be executed as decree of civil Court. In your case the  will is eschewed by the  plaintiff and award of withdrawal is passed by LK. Such award cannot be reversed even by SC. There is nothing the  plaintiff can do now if  withdrawal is unconditional. If the  withdrawal is conditional to be discharged by defendant, it can be reopened only when the  defendant  fails to discharge the  agreed condition.

Ravi Shinde
Advocate, Hyderabad
4523 Answers
42 Consultations

 

  • Finality of Lok Adalat Decision

    • Lok Adalat awards are final and binding (Legal Services Authorities Act, 1987).

    • No appeal allowed, unless fraud or coercion is proven.

  • Restoration of Probate Application

    • Probate cases cannot be withdrawn and reinstated freely.
    • Allowed only if withdrawal was with court’s permission to refile.
    • If settled in Lok Adalat, restoration is unlikely.

  • Grounds for Rejection


    • Compromise recorded in Lok Adalat (binding like a civil decree).

    • Unconditional withdrawal without liberty to refile.

  • Key Legal References


    • Legal Services Authorities Act, 1987 – Lok Adalat decisions are final.

    • Indian Succession Act, 1925 – Probate withdrawal rules.

    • Case Law: Santhosh T.N vs. Permanent Lok Adalat – Lok Adalat awards are binding.

 

Shubham Goyal
Advocate, Delhi
667 Answers
3 Consultations

Dear Client,

Having already instituted a suit for equitable division of the ancestral land, you have every right in law to make complaints against the improperand unequal division of the 12 Gunta land. Your uncles went ahead anddivided the land and constructedbuildings in your absence without informing or consulting you, in the backdrop of legal proceedings, thereby strengthening your case ofapproaching the court for the division. As ancestral property has to be divided equally among all legal heirs, the shape and usability of the land become equally relevant issues in determining equity.

 

As your share is triangular but your uncles have occupied rectangular portions more useful for construction and development, you can approachthe court and plead that this division is not only unequal in terms of area but unequal in terms of usability in a practical sense as well. The fact thatthe well is situated in a place alsoprevents you from utilizing the land to its fullest extent, and the possibility of government road developmentsfurther diminishes the value of your share. As your uncles have appropriated the better parts ofbenefit, you can approach the court and plead that this distribution is discriminatory and seek an equitableredistibution so that each brother getsland of equal value, shape, and utility.

 

To strengthen your case, you should submit a site map with the details of the differences, the limitations due tothe well and road, and the fact that your uncles have already profited by building rental houses on their share. Also, as you have paid for the suit now, you can go ahead and file objections to the unequal division and ask the court to order a new survey and redistribution. You can also askfor an injunction against further construction or leasing out of the land until the matter is settled. It is better to consult a property lawyer to file an amendment in your suit, stressing that the division should not only be equal in measurement but also in practical usability.
Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10455 Answers
121 Consultations

Since the plaintiff voluntarily withdrew the probate case in March 2024 through Lok Adalat, they may face legal hurdles in seeking its restoration. The key legal principles and provisions relevant to your situation are as follows:

1. Circumstances for Restoration of Probate Case

  • Under Order 23 Rule 1(3) of CPC, a plaintiff who withdraws a suit is barred from filing a fresh suit on the same cause of action unless they obtained permission from the court at the time of withdrawal.
  • If the withdrawal was unconditional, then the plaintiff cannot restore or refile the case.
  • If the withdrawal was due to a technical defect (procedural grounds), then the plaintiff may seek permission to file a fresh case.

  • Section 151 of CPC (Inherent Powers of the Court) may be invoked in rare cases if the plaintiff shows substantial injustice due to withdrawal.

2. When Can the Will Probate Case Be Rejected?

  • If the withdrawal was made unconditionally, a fresh probate petition should be barred under Order 23 Rule 1(4) CPC.
  • If the plaintiff is seeking restoration after six months, courts may reject it on grounds of delay and estoppel.
  • Lok Adalat awards are final and binding under Section 21 of the Legal Services Authorities Act, 1987, and cannot be challenged unless fraud or coercion is proven.
  • If the plaintiff accepted the withdrawal voluntarily, they may not have a legal right to reopen the case.

3. Relevant Case Laws Against Restoration


  • Sarguja Transport Service v. State Transport Appellate Tribunal (1987): Once a case is withdrawn unconditionally, it cannot be revived unless permitted by the court.

  • Krishna Bahadur v. Purna Theatre (2004): Once a matter is settled before Lok Adalat, it is final and bindingand cannot be reopened.

4. Legal Strategy to Prevent Restoration

  • File an objection stating the unconditional withdrawal and reliance on Order 23 Rule 1(4) CPC.
  • Cite Lok Adalat’s finality under Section 21 of the Legal Services Authorities Act.
  • Highlight the delay in seeking restoration and question the genuine reason behind reopening.

If you wish to oppose the restoration of the Will probate case, these legal principles can be effectively argued before the court.

Aman Verma
Advocate, Delhi
318 Answers

- Under the Legal Services Authorities Act, Lok Adalats have been given statutory status , and the Award/decision made by the Lok Adalats is deemed to be a Decree of a civil court and is final and binding on all parties and no appeal against such an award /Decision lies before any court of law.

- If the case withdraw by the plaintiff before the Lok Adalat then it cannot be restored on any ground as the consent of him was taken by the said Adalat before disposing of the cases. 

Mohammed Shahzad
Advocate, Delhi
14839 Answers
225 Consultations

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