Property Disputes Between Family Members Should Normally Be Settled Through Alternative Disputes Redressal (ADR) Process: SC
|The Supreme Court reiterated that the Court should try to resolve property disputes between family members by adopting alternate means namely mediation and conciliation.
The present appeal was preferred against the judgment passed by the High Court, whereby the judgment and decree of the Trial Court in a property dispute was upheld.
The bench of Justice Rajesh Bindal and Justice P B Varale observed, “the case in hand was one of the most appropriate case in which the Court should have tried for resolution of dispute by adopting alternate means namely mediation and conciliation...This Court in Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited and Others6 had opined that dispute relating to partition/division amongst family members/coparceners /co-owners should normally be settled through Alternative Disputes Redressal (ADR) Process.. The Courts are required to explore these methods for amicable settlement of family disputes.”
Brief Facts-
A suit for partition was filed by the appellant Mahendra Nath Soral about the properties left by his late father, impleading his two brothers and two sisters as the defendants. However, in the present appeal, the appellants are disputing the partition proceedings only concerning the roof rights of the Plot situated in Kota.
The Court noted that this case is an example of the bitterness amongst the legal heirs of Late Rameshwar Nath Soral about the partition of the properties left by him.
While stating that it is ‘properties’ vs ‘proper ties’. ‘Short term gain’ vs ‘Long terms relations’ the Court observed, “One can either get a share in the properties that too by litigating or can maintain proper ties amongst the family members with little give and take, and not going to the extent of minute details.”
The Court also stated that it may not be a matter of dispute that none of the legal heirs of Late Rameshwar Nath Soral had contributed anything to the acquisition of the plots or construction of the properties by themselves. According to the Court, whatever is given to them is a kind of bounty but still, they being greedy, not satisfied with whatever they received, are litigating for more than two decades.
The Court further stated that the partition of property in question amongst the legal heirs was upheld by the High Court.
The Court mentioned the decision in Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited and Others where the SC had opined that disputes relating to partition/division amongst family members/coparceners /co-owners should normally be settled through Alternative Disputes Redressal (ADR) Process.
“The Courts are required to explore these methods for amicable settlement of family disputes.” The Supreme Court added.
Finally, the Court dismissed the appeal.
Cause Title: Mahendra Nath Soral v. Ravindra Nath Soral (Neutral Citation: 2024 INSC 372)