The court reaffirmed the validity of family arrangements even in the presence of undisclosed wills, highlighting the jurisdiction of arbitrators in resolving disputes between family members.

JUDGMENT

Dr.G.Jayachandran,J.

Mr.A.X.L.Ignatius was an officer in the Income Tax Department and his wife, Mrs.Amirtham Ignatius was a home-maker. They had two sons and one daughter. One of his son, by name, Suresh Jayakumar Ignatius died leaving behind his wife, Mrs.Vasanthi Suresh and two children namely, Mrs.Abhilasha A.J., and Mr.Aadarsh Ignatius. They are the appellants 1 to 3. The other son Anto Dev Prakash initially shown as respondent now transposed to the fourth appellant. The daughter Jayachitra Sahaya Josephine is the respondent.

2.The dispute centers around the properties more fully described under three items of the schedule to the arbitration petition.

3.A.X.L.Ignatius died on 01.01.2005. His son, Suresh Jayakumar Ignatius, died on 21.12.2011. Amirtham Ignatius, the wife of A.X.L.Ignatius, died during the month of February 2012. After the death of Suresh Jayakumar Ignatius, some time before the demise of Amirtham Ignatius, the members of Ignatius family, entered into a family arrangement, in respect of movables and immovable left behind Ignatius in the following manner:-

nd Immovable property in Tuticorin (2 item under schedule) would devolve upon Amirtham Ignatius (wife of A.X.L.Ignatius); the property at st Chennai (1 item under schedule) to be shared by the daughter, surviving son and the legal heirs of the deceased son of A.X.L.Ignatius at 1/3 share each, rd vesting the life interest with Amirtham Ignatius. The movables mentioned (3 item under schedule) given to Amirtham Ignatius. The Agreement of family arrangement entered on 04.01.2012 between the parties with three specific clauses that if any bequeath is made by Late A.X.L.Ignatius by way of a Will, the parties waive their right conferred under the Will. To give effect to the terms of the family arrangement, if necessary, they will co-operate to execute necessary deeds and get it registered. In case of any dispute in implementing the terms of the settlement, they agreed to settle it through arbitration.

4. Petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996, filed in O.P.No.79 of 2013 before the High Court by the daughter for appointing an Arbitrator, contending that the parties specifically agreed to waive any right devolves on them, if any Will of the father executed during his life time as per the family arrangement entered on 04.01.2012. As per the family arrangement agreement, the shares, fixed deposit and investments etc., shown under item 3 of the schedule were given to the mother absolutely. While so, ignoring the terms of the family arrangement, her younger brother Mr.Anto Dev Prakash and legal heirs of the deceased elder brother Suresh Jayakumar Ignatius are trying to usurp the Chennai property claiming exclusive right. Therefore, the arbitrator to be appointed to resolve the dispute in terms of the family arrangement.

5. In opposition, the Legal heirs of the first son and the second son, the respondents therein stated that when they were in the mist of mourning due to the demise of Suresh Jayakumar Ignatius, the petitioner was playing fraud and obtained their signatures in the family arrangement by coercion. Based on the invalid unregistered family arrangement deed, the petitioner is trying to sell the Chennai property without their consent. Amirtham, the widow of Ignatius, was with the petitioner. Taking advantage of it, the entire movables and valuable securities, such as, the title deeds relating to the Chennai property, the share certificates, the deposit receipts, pass book of bank accounts in the name of late Ignatius and other documents inc