Virindra Kapoor v. State & Anr.

1. Late Shri Yoginder Kumar Kapoor's and his wife Late Smt. Nirmal Kapoor's three children i.e.two sons and one daughter namely Shri Virindra Kapoor, Shri Paresh Kapoor and Mrs. Geeta Chopra are parties to the two petitions.

2. Test Case No.34/2013 has been filed by Shri Virindra Kapoor seeking TEST.CAS.34/2013& 79/2014 Page/of[4] 2019:DHC:7820 ( grant ofprobate/letters of administration in respect ofregistered Will dated 17^ October,2007 executed by Late Snit.Nirmal Kapoor.

3. Test Case No.79/2014 has been filed by Shri Paresh Kapoor seeking probate/letters of administration of alleged Will dated 3'"'^ December, 2007 executed by Late Smt.Nirmal Kapoor.

4. Both these petitions are pending and during the pendency,the parties, being siblings, have arrived at a settlement and have filed an application under Order XXIII Rule 3 CPC being LA. No.3110/2019. In the said application, the parties submit that they have entered into a family settlement agreementdated 12^*^ December,2018.The said family settlement agreement has been annexed to the application. The application is signed by all the parties and their respective counsels and is also supported by their affidavits. As per the said family settlement agreement dated 12'*^ December, 2018,parties have agreed to divide the property at Meera Bagh,belonging to their parents in the following terms. "i. THAT, Party ofthe First Part and the Other part ' herein above with mutual discussion and mutual ' consensus agree to settle all their disputes in respect with their respective claim/share and or rights of respective parties arising out ofRegistered Will dated 17.10.2007 and Will dated 03.12.2007 in respect with property bearing no. A-42,Meera Bagh,New Delhi, by settlementoutofcourt.

2. That Party of the First part and the Other Part herein, without any coercion or undue influence, accept and agree to either outrightly sell the property (A-42, Meera Bagh, New Delhi-110087) to any buyer quoting a suitable/agreeable price or by collaboration with a builder by mutually agreeable terms. In either of these options, whatever total amount would be received, the same would be shared by parties hereto TESTCAS.34/2013& 79/2014 Page2of[4] NAME % OFSHARE VIRINDRA KAPOOR 40% PARESHKAPOOR 40%o GEETA CHOPRA 20% r-

5. Thatparties heretofurther agree that ifthe builder constructs and sellsfloors upon the saidproperty, and any party herein above agrees to have floor in the newly constructed building then too the same shall be determinedin terms ofthe ratio determinedabove.

4. That it has also been agreed between the parties that the parties hereto shalljointly take all necessary steps i.e. filing ofappropriate application before the Hon'ble High Court of Delhi for withdrawal of the proceedings described above in terms of this family settlement agreement. Each partyfurther agrees and undertakes to assist the other party to get the proceedings withdrawn in the Hon'ble High Court of Delhi, as compromisedsettlement.

5. That the parties hereto further agree to sell the property or collaborate with a builder within twelve months ofthe date ofexecution ofthis Agreement;with mutual co-operation and assistance of the parties hereto and if any party fails or neglects to render assistance to the other party the same shall be treated as breach ofthis Family SettlementAgreementand the same would be enforceable in courtoflaw.

6. This period oftwelve months can be extended by another six months - by mutual consent and understanding ofallparties -In case a suitable price, buyer or builder agreement is not arrived at with mutual consent and understanding ofall three parties involved.

7. That the parties have settled all their disputes amicably and all disputes relating to respective claims / right in respect with Property bearing No. A-42, Meera Bagh New Delhi, have so been settled infull TEST.CAS. 34/2013& 79/2014 Page 3of[4] andfinal. As such the parties have nofurther claims against each other on account ofthe aforementioned Will(s)ofLateSmt NirmalKapoor mentionedabove.

8. That the parties ■ have no further claims of whatsoever nature against each other, in respect of Property bearing No.A-42,MeeraBagh,New Delhi."

5. The present settlement has been entered into in respect of property bearing No.A-42,Meera Bagh,New Delhi. Shri Virindra Kapoor and Shri Paresh Kapoor are not present today, however, both their counsels submit thatthey have instructions to submit before this Courtthatthe settlement has been entered into. Mrs. Geeta Chopra is present today. She confirms that she has entered into the settlement with her brothers. It is also submitted by Ld. counsels for the parties that with the settlement of disputes relating to the property at Meera Bagh,there are no further disputes between the parties in respect ofmovable and immovable assets oftheir parents. Accordingly, settlement agreement is taken on record and the same shall be binding on all the parties and all the parties shall adhere to the terms ofthe settlement as contained in the Family Settlement Agreement dated 12* December,2018. Decree sheet be drawn up. The settlement terms shall form the part ofthe order and decree.

6. Both the petitions are disposed of. All pending applications also stand disposed of.. PRATHIBA M.SINGH,J. yFEBRUARY28,2019/^/A: TESTCAS.34/2013& 79/2014 Page4of[4]