Implications of passing a decree

[Sri Kanitkar]

1. I and my siblings have filed criminal cases on each other, relating to our father’s property, who has expired.
2. My sibling has instituted a civil suit and made me a defendant. The court has allowed her to become the plaintiff after the death of my father.
3. We have reached a financial arrangement, whereby my sibling will compensate me and I shall hand over vacant possession of my father’s property to my sibling.
4. My view is that all cross criminal cases should be quashed first and then my sibling should get the decree (because the title will pass to my sibling).
5. On the other hand, my sibling insists to get the decree first; then we vacate the premise and then the cross criminal cases are quashed. In this option, I have a risk that if for some reason the criminal case on me is not quashed then I loose possession also – which is my only shield.
6. Please advice whether I should accept my siblings procedure?

[Dr. Ashok Dhamija]

There is no legal issue involved here. It is a matter of trust between the two parties. You may have your own worries, but your sibling may also have concern that once the criminal cases are withdrawn against you thereafter you may not part with vacant and peaceful possession of the property and may not agree for a consent decree. So, ultimately, both of you will have to sit together and agree on some common ground. Have a detailed MOU which can perhaps be executed in several steps – one step by each party in turn. Have some independent guarantors / witnesses, if possible.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Sri Kanitkar]

Respected Sir,

1. Thank you for replying even on a Sunday night, which shows your commitment to help people. May God Bless You.

2. Is it possible to submit all criminal cases for quashing and the suit for decree simultaneously. However, the prayer of the suit will clearly mention that the decree is conditional to the event that the criminal case on me is quashed and I shall vacate the premises immediately thereafter?

3. In this case, as a defendant, I can sign the Suit. My sibling will be assured that once the criminal case on me is quashed, I will vacate the premises, else she can take the help of the court/police.

4. Thanks in advance.

[Dr. Ashok Dhamija]

As I mentioned earlier, it is a matter of trust between the parties entering into MOU. You may incorporate whatever conditions you want. But, I doubt whether the court would pass such a conditional decree. Of course, nobody stops you from making a request but ultimately it is the prerogative of the court.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Sri Kanitkar]

Dear Sir,

1. Suppose I and my sibling sign an MOU that once all cross criminal cases are quashed, my sibling can recover the possession similar to the powers conferred on a landlord from a licensee u/s 24 of the Maharashtra Rent Control Act or under section 51(a) of the Civil Procedure Court.

2. Both of will register this document, so that it is binding on us. Will it solve my sibling’s fear that I will not vacate the premises after my criminal cases are solved? Which of the above two sections are suitable?

2. The MOU will also mention that I will give her NOC to get a decree in her favour.

3. Thanks in advance.

[Sri Kanitkar]

Respected Sir,

1. Earlier you had indicated that the time limit to file an appeal against an ex-parte Chamber Summons order is 30 days. I thought that it it was 30 days from the date of passing of the order.

2. But today my advocate told me that it is 30 days from the day of getting a certified copy of the order.

3. I will be obliged if you can clarify the same.

[Sri Kanitkar]

Respected Sir,

1. In a criminal case, can one of the accused act as a defense lawyer and represent all the accused in all the proceedings including the trial, etc.
2. Thanks in advance.

[Sri Kanitkar]

Dear Sir,

1. I and my sibling have cross criminal cases on each other relating to our father’s estate. My sibling’s suggestion is that both of us file a joint criminal writ petition to quash each others cases and also a suit to enable the title of our father’s estate to pass from him to my sibling.

2. In the High Court can the same judge(s) simultaneously quash both our criminal quashing petitions and pass the order for the decree in the same order?

[Author]

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