All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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6.

A and B agreed to refer a land dispute to conciliation. C, the conciliator, makes a proposal for the settlement of their dispute, whereby the land will be split between A, B and their sons in a particular manner. A's son D protests to A that the proposal is biased in favour of B. However, A and B are of the opinion that the proposal is the best solution to their dispute. D then claims his share (as outlined in C's proposal) d B, but they refuse to hand over his share. In light of these facts and the below which of the following statements is most accurate ?


Principle:

The settlement agreement signed by the parties will be final and binding on the parties, and persons claiming under them respectively. A successful conciliation proceeding comes to end only when the settlement agreement signed by the parties comes into existence.

A: Since A and B have agreed to C's proposal, they are bound to hand over D's share to him.
B: Since there is a valid settlement agreement signed by the parties in place. D is entitled to claim his share, as the agreement is final and binding.
C: Since there is no settlement agreement between A and B yet. D cannot claim his share under C's proposal.
D: ince D has claimed under the settlement agreement, it is final and binding on him; therefore, he can only seek C's and in enforcing the agreement.
E: D is not conciliation a party to the proceedings, and therefore he can file a suit requesting that the court set aside the settlement agreement.

The answer is: C

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Explanation

The correct option is:

C: Since there is no settlement agreement between A and B yet, D cannot claim his share under C's proposal.

Explanation:

In the scenario presented, C, the conciliator, made a proposal for the settlement of the land dispute between A and B. However, it's important to note that a successful conciliation proceeding comes to an end only when the settlement agreement is signed by the parties involved.

As per the principle provided, the settlement agreement is final and binding on the parties and persons claiming under them respectively. In this case, there is no mention that A and B have signed the settlement agreement proposed by C. Therefore, there is no binding settlement agreement in place yet.

Since there is no settlement agreement between A and B, D cannot claim his share under C's proposal because the proposal alone does not create a binding agreement. D may have concerns about the proposal being biased in favor of B, but unless A and B actually sign and agree to the proposal, it does not become a binding settlement agreement. Therefore, option C is the most accurate in this context.