alteration of registered property document
06-Aug-2023 (In Property Law)
I want to add a legal clause on my property registration document stating that no matter what the situation is/will be, this property cannot be taken for a court case if there is any case filled by either of the survivor owner. Can anyone suggest the right frame of this sentence and its consequences ?
This is my response to you:
1. Such a clause cannot be added that it cannot be taken to court but other alternative can be added;
2. But you can add a clause " Every dispute, difference, or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of this agreement (deed) or the subject matter thereof shall be referred to the arbitration of XY, etc. or if he shall be unable or unwilling to act, to another arbitrator to be agreed upon between the parties or failing agreement to be nominated by…………or, failing agreement to two arbitrators one to be appointed by each party to the difference (whether consisting of one or more than one person) and in case of difference of opinion between them to an umpire appointed by the said two arbitrators before entering on the reference and the decision of the arbitrator ( or such arbitrators, or umpire as the case may be) shall be final and binding on the parties."
3. Excluding the jurisdiction of courts can be made, by adding the arbitration clause and not otherwise;
4. If the other party is not ready to appoint an arbitrator then you many approach the high court;
5. Take help of lawyer and draft properly;
6. You can also add this:
Dispute Resolution and Jurisdiction
i. Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996.
ii. The arbitration shall be by the Sole Arbitrator appointed with mutual consent.
iii. The place of arbitration shall be at ……………… and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made in ……………………..
iv. The arbitral procedure shall be conducted in the English/Kannada language and any award or awards shall be rendered in English/Kannada. The procedural law of the arbitration shall be Indian law.
v. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 shall apply.
vi. The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration agreement in this Clause, shall be governed by and be subject to Indian law, and the agreement shall be subject to the exclusive jurisdiction of the courts at _____________. (place to be named as per the agreement between the parties)
1. Such a clause cannot be added that it cannot be taken to court but other alternative can be added;
2. But you can add a clause " Every dispute, difference, or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of this agreement (deed) or the subject matter thereof shall be referred to the arbitration of XY, etc. or if he shall be unable or unwilling to act, to another arbitrator to be agreed upon between the parties or failing agreement to be nominated by…………or, failing agreement to two arbitrators one to be appointed by each party to the difference (whether consisting of one or more than one person) and in case of difference of opinion between them to an umpire appointed by the said two arbitrators before entering on the reference and the decision of the arbitrator ( or such arbitrators, or umpire as the case may be) shall be final and binding on the parties."
3. Excluding the jurisdiction of courts can be made, by adding the arbitration clause and not otherwise;
4. If the other party is not ready to appoint an arbitrator then you many approach the high court;
5. Take help of lawyer and draft properly;
6. You can also add this:
Dispute Resolution and Jurisdiction
i. Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996.
ii. The arbitration shall be by the Sole Arbitrator appointed with mutual consent.
iii. The place of arbitration shall be at ……………… and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made in ……………………..
iv. The arbitral procedure shall be conducted in the English/Kannada language and any award or awards shall be rendered in English/Kannada. The procedural law of the arbitration shall be Indian law.
v. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 shall apply.
vi. The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration agreement in this Clause, shall be governed by and be subject to Indian law, and the agreement shall be subject to the exclusive jurisdiction of the courts at _____________. (place to be named as per the agreement between the parties)
you can add indemnification or arbitration clause in order to escape from any court litigation. for detail advice will have to understand your facts and analyse the situate accordingly in order to get the document drafted accordingly.
For further assistance feel free to contact me for legal consultation.
For further assistance feel free to contact me for legal consultation.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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