Advocate Samar Singh Kachwaha

Questions Answered by Advocate Samar Singh Kachwaha

Q: Jurisdiction of International Commercial Arbitration seated in India

I had a query regarding the jurisdiction in an arbitration between a company based in India and in Sri Lanka with the dispute resolution clause stating that all disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre. The seat of the arbitration shall be New Delhi. However, the Contract shall be governed by the laws of India. Therefore, in a dispute relating to this contract what will be the jurisdiction? The contentions herein are, relating to breach of contract, payment of damages, joinder of a party in dispute and biased arbitrator. Will it be Delhi High Court or SIAC and under which law?

Advocate Samar Singh Kachwaha answered
The dispute shall be resolved by Arbitration, with the venue being New Delhi. Within the parameters of the Arbitration and Conciliation Act, 1996, the High Court of Delhi shall have jurisdiction. Thus for interim relief (section 9) or appointment of arbitrator (section 11) or to challenge the award (section 34), the Delhi High Court can be approached. Otherwise it is the SIAC arbitral tribunal seated at New Delhi which shall finally decide the dispute.

Q: Rights of daughter in ancestral property

Is a married daughter eligible for a share in dead father's property? It's a ancestral property passed on from grandfather

Advocate Samar Singh Kachwaha answered
A lot depends on whether or not the property in question can be described as a HUF property. If yes, then provided your father in law was alive in the year 2005, your children do have a right in the property, which you can agitate on their behalf. If it is not a HUF property, then your wife shall have a share, subject to any will your father in law may have left. However in the latter case, your children would not have an inherent or independent right to the property. Detailed advise can be given on a perusal of the relevant documents.

Q: How to divide property after intestate parents

My father died in February of 2017. He has a house in . He did not write a will. Only on regular paper he has indicated that the property be divided into 5 units (as he had 5 siblings). But 2 siblings are also expired. What is the procedure for selling the property and dividing the proceeds into the families of the 5 siblings?

Advocate Samar Singh Kachwaha answered
If parties are in agreement that the property is to be divided amongst 5 siblings (or their families) then the regular piece of paper on which your father wrote the same can be treated as a will and probated by consent of parties. The property can be divided once letters of administration are issued by the court. If parties do not consent, then the property may be divided amongst the class 1 legal heirs of your father, as it may then be considered as a case of interstate succession.

Q: How to enforce vested interests in property

Respected sir, I am  and my concern it that my maternal grandfather was died in 1999 without making any will but my maternal grandmother was died in 2010 so I want to know that my mother can ask for her share from her brothers or not the property is in Delhi

Advocate Samar Singh Kachwaha answered
If your maternal grandfather died intestate (without making a will), then his property would devolve equally upon his Class 1 legal heirs, which includes your mother. If your maternal grandmother died interstate, then her share of the property would also devolve equally upon her Class 1 legal heirs, which again included your mother. She can file a partition suit to claim her share in the properties.

Q: Can a person be adopted if elder than the person who is adopting

I work in Embassy of Poland. I wish to adopt a lady as mother who is elder than me. She taught me for three years. She is from Poland. I don't know, what should i do? If you could suggest me the way, I'll be very thankful. Warm Regards! Jay Atri

Advocate Samar Singh Kachwaha answered
You cannot adopt a foreigner (or even a non-Hindu.) Usually an application for being appointed a guardian is filed in such cases, however the grounds for such appointment shall have to be made out. Also there shall be an added complication on account of the lady not being amade Indian citizen. First Indian citizenship may have to be applied for, depending on the full facts of the case.