Agreement of Reference to Two Arbitrators (India) by OLL
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Agreement of Reference to two Arbitrators
This Agreement made at ... this ... day of... between Mr. A of the one Part and Mrs. B of the other Part.... residing at ...
Whereas Mr. A and Mrs. B are full brother and sister.
and Whereas the father of both A & B died Intestate, on or about the ... day of ... leaving some moveable property in the shape of ornaments, Bank accounts, investment and one immovable property.
and Whereas disputes have arisen between the parties regarding their rights to and shares in the said property and also regarding partition of the said property.
and Whereas parties have agreed to refer all the disputes regarding their claims to the said property including the question of partition thereof, according to their respective rights to two arbitrators viz. Mr. X and Mr. Y. the former being appointed by Mr. A and the latter by Mrs. B.
and Whereas the parties have agreed to enter into this agreement for reference to arbitration of the said disputes and claims to the two arbitrators in the manner following.
Now It 1s Agreed Between the Parties Hereto As Follows:
1. The parties hereto refer all their disputes and claims regarding the properties left by their father the late Mr... including the question of their respective shares and including effecting partition of the said properties and all other questions incidental thereto to the arbitration of the said two Arbitrators Mr. X and Mr. Y.
2. The said Arbitrators shall, before entering upon the reference appoint an Umpire.
3. The Arbitrators shall direct the parties to file their respective inventories of the properties left by the said deceased. as per their respective contentions.
4. The said Arbitrators shall allow the parties to file their respective claims and contentions and to file documents relied upon by them within such reasonable time as the Arbitrators may direct.
5. The said Arbitrators shall give hearing to the parties either personally or through their respective Advocates but the Arbitrators will not be bound to take any oral evidence including cross examination of any party or person.
6. The said Arbitrators shall make their Award within a period of four months from the date of service of a signed copy of this Agreement on them by any of the parties hereto provided that the Arbitrators will have power to extend the said period from time to time with the consent of both the parties.
7. The Arbitrators will not make any Interim Award.
8. The Arbitrators will have full power to award or not to award payment of such costs of and Incidental to this arbitration by one party to the other as they may think fit.
9. Subject to the provisions of the Arbitration Act 1940 the award will be binding on the parties hereto.
10. The Arbitration shall subject to what is herein provided, be governed by the provisions of the Arbitration Act.
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This template is an agreement to refer disputes regarding the partition and distribution of a deceased person's estate to two appointed arbitrators. It outlines the process for appointing an umpire, filing property inventories, and the timeline for a binding award under Indian arbitration law.
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About this template
What is this template?
This document is a formal submission to arbitration by two family members to resolve inheritance and partition disputes. It is not a settlement agreement itself, but a procedural contract that defines how the arbitrators will conduct the process and the 4-month deadline for the award.
When should you use it?
Use this when siblings cannot agree on the division of an estate and wish to appoint their own respective arbitrators instead of litigating in court. Use a Partition Deed instead if the parties have already agreed on the division and simply need to record the transfer of titles.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Reference to Arbitration | Refers all disputes regarding properties, shares, and partition to two named Arbitrators, Mr. X and Mr. Y. |
| 2 | Appointment of Umpire | Requires the two Arbitrators to appoint an Umpire before they begin the reference process. |
| 3 and 4 | Inventories and Claims | Directs parties to file property inventories and respective claims within a timeframe directed by the Arbitrators. |
| 5 | Hearing and Evidence | Permits representation by Advocates but expressly states Arbitrators are not bound to take oral evidence or cross-examinations. |
| 6 | Time Limit for Award | Mandates the Arbitrators to make their Award within four months of being served the agreement. |
| 9 and 10 | Governing Law | Subjects the arbitration proceedings and the finality of the award to the provisions of the Arbitration Act 1940. |
Who it's for
- siblings disputing the partition of an intestate father's movable and immovable property in India
- parties seeking to resolve inheritance claims through two appointed arbitrators and an umpire
- legal heirs needing a formal arbitration reference under the Arbitration Act 1940
How long it runs and how it's signed
Law it's drafted under
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