Full Text
TEST.CAS. 43/2013
SATYANDERAGGARWAL Petitioner
Through; Mr. Ashok Gumani, Advocate.
Through: Mr. Mohinder Madan, Advocate along with respondent No.4 in person.
25.04.2014 lA NO. 7577/2014 (u/O.23 R.3 CPC) & Test Case No.43/2013
ORDER
1. Learned counsel for the parties submit that on account of typographical mistake in the application in paragraph 4 the date of memorandum of settlement is recorded as 21.4.2014 instead of 20.4.2014.
2. The petitioner has filed the present petition under Section 278 of the Indian Succession Act seeking letter of administration with respect to the Will executed by late Shri Bal Kishan Aggarwal, which is annexed to the petition as Annexure-P.2.
3. Late Shri Bal Kishan Aggarwal was the father ofthe petitioner and respondents 2 to 4. The mother ofthe parties had pre-deceased the father. Test Cas No.43/2013 2014:DHC:7493
4. The learned counsel for the parties submit that pending the probate petition, with the intervention of the friends and family members and with a view to avoid expensive, protracted and ruinous litigation and to restore family harmony and peace, parties have entered into a family settlement. The terms of the family settlement have been recorded by a memorandum of family ^ agreement dated 20.4.2014. The memorandum of family agreement dated 20.4.2014 has been filed in court. Learned counsel for the parties submit that the said agreement is signed by the petitioner and respondents 2 to 4. The memorandum of family settlement is marked Exb. C-1.
5. Learned counsel for the parties submit that in terms of the memorandum of family settlement, the parties forego their rights under the Will executed by their father late Shri Bal Kishan Aggarwal and have agreed to divide the movable and immovable properties, left behind by their late father. Learned counsel for the parties submit that the parties in Clause-1 of Exb. C-1 have ^ mentioned the respective properties/shares ofeach ofthe parties to the petition. The terms of the settlement are recorded in Clauses 1 to 8 of the said settlement agreement. Learned counsel for the parties submit that the parties have agreed to partition the properties in terms of Clause-1 of the said settlement. Learned counsel for the parties, on instmctions from the parties, who are present in Court, submit that the parties shall take fiirther steps and execute such other documents, as may be required for giving effect to the terms of the settlement. Parties, who are present in Court TestCasNo.43/2013 / and identified by their couns^ undertake to the Court that they shall abide by the terms ofthe settlement Exb. C-1.
6. I have examined the terms of settlement and find them to be lawful. The undertakings given by the petitioner and respondents 2 to 4 are accepted. Exb.C-1 is signed by the parties. The application is signed by the parties and their counsels and supported by the affidavits ofthe petitioner and respondents 2 to 4.
7. Learned counsel for the parties pray that the petition be disposed of, recording the settlement ofthe parties in terms ofExb.C-1.
8. Petition is accordingly disposed of in terms of Exb.C-1. The parties shall be bound by the terms and conditions of Exb.C-1 and the undertaking given by them to Court today and the Memorandum of Settlement Exb. C-1 shall form part ofthis order.
9. The date already fixed, i.e. 20.8.2014 standscancelled. Q SANJEEV SACHDEVA, J i. APRIL 25, 2014 \), 2_©|f TestCasNo.43/2013 2-0)2>