Anjali Amol Ukidave v. Amol Vinayak Ukidave (Deceased)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INSTESTATE JURISIDCTION PETITION NO.1047 OF 2018 Petition for ILetters of Administration for the Property and Credits of AMOL VINAYAK UKIDAVE, Indian, Married, Hindu, Occupation : Service, who at the time of his death was residing at 401, Sumati Sadan, Prarthana Samaj Road., Vile Parle (East), Mumbai 400 057.
... DECEASED Anjali Amol Ukidave | ) Of Mumbai, Aged about 43 years, ) | Hindu, Indian Inhabitant, residing ) | at 401, Sumati Sadan, Prarthana ) Samaj Road, Vile Parle (East), ) | Mumbai 400 057, being the widow of )~ the Deceased abovenamed.
) | | ...PETITIONER AND ARYAN AMOL UKIDAVE | SANJIVANI VINAYAK UKIDAVE ...LEGAL HEIRS OF DECEASED CONSENT TERMS
The Petitioner abovenamed has prepared the abovementioned 'Testamentary Petition obtain letters of Administration for . property and credits of Late Amol Vinayak Ukidave. .
The Petitioner and legal heirs have decided to settle the above Petition amicably and have execute these Consent Terms record the terms of settlement.
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Petitioner is widow of deceased, Sanjivani Vinayak Ukidave is mother and Aryan Amol Ukidave is son of deceased abovenamed. Same and except abovenamed legal heirs no other Iegai heirs to the deceased abovenamed.
The Deceased abovenamed have made investment in India as well as foreign countries.
Out of total Investment of deceased, Sanjivani Vinayak Ukidave, had received an amount of Rs.3,71,19.,956/- from various insurance Policies, Bonds and Securities belonging the deceased. Out of Rs.3,71,19,956/- Sanjivani Vinayak Ukidave had transfer Rs.1,00,61,022 to the Petitioner's account. The Petitioner had confirm receipts of the said amount from Sanjivani Vinayak Ukidave. The balance amount of Rs. 2,70,58,934/- is lying in the account of Sanjivani Vinayak Ukidave.
Out of total Investment of deceased, the Petitioner had receive an amount of Rs.1,65,07,280/- (including the amount of Rs.
1,00,61,022/- transferred by Sanjivani Vinayak Ukidave) from the various Insurance policies, Bonds and Securities belonging to the deceased abovenamed. The parties have agreed that the said amount will be retained by the Petitioner exclusively. Out of total Investment of deceased, Aryan Amol Ukidave had -receive an amount of Rs.
5,21,759/- from gratuity__and leave éncashment belonging to the deceased abovenamed. The parties have agreed that the said amount will be retained by Aryan Amol Ukidave exclusively.
Out of Rs.2,70,58,934/- Sanjivani Vinayak Ukidave had agreed and undertaken .to hahdover Rs.45,58,934/- Aryén Amol Ukidave upon exécution of these consent term. The petitioner and Aryan Amol Ukidave have agreed and accept that the remaining amount of Rs.2,25,00,000/- shall be retained by Sanjivani Vinayak Ukidave exclusively as her fully and final share from the deceased property and credits. The Petitioner and Aryan Amol Ukidave shall not Claim, any Right, Interest in the said amount in future. It is agreed between parties herein that Petitioner and Aryan Amol Ukidave shall be absolutely entitled to receive all amount from remaihing investment/properties i.e.
seéurities, Bank Accounts Mutual fund investment, equity shares Investcorp, Standard Chartered Securities share trading IDBI SB Account, Bank of India
the investment of the Deceased abovenamed.
10. The deceased during his lifetime had taken education insurance policies in the name of his son Aryan Amol Ukidave and appointed Sanjivani Vinayak Ukidave as guardian of the said policies.
Sanjivani Vinayak Ukidave is joint beneficiary alongwith Aryan Amol Ukidave of Educational insurance policies bearing N0.400031173 400031177 which are due and payéble alongwith all accruals to Aryan Amol Ukidave from December 2022 to December 2026. Sanjivani Vinayak Ukidave agreed and confirm to execute all necessary documents, forms, letters, applications, Affidavits declaration and any other necessary documents relinquish her rights, interest in respect of the proceeds of the said educational insurance policies in favour of Aryan Amol Ukidave and Sanjivani Vinayak Ukidave shall not have claim any right interest in the said amount in future.
11, without any further consideration.
Petitioner and Aryan Amol Ukidave agree and confirms that the 12.
transfer of Flat No. 103, Sanniwas Co-op Housing Society limited, Prathana Samaj Road, Vile Parle east Mumbai - 400 by deceased Mr. Amol Vinayal Ukidave vide his Affidavit dated 3 December 2011 is absolutely legal valid, subsisting and binding on all the parties mentioned herein.
Petitioner and Aryan Amol Ukidave further agree and confirm that transfer of said flat by Sanjivani Vinayak Ukidave to her sons namely Ashutosh Vinayak | Ukidave and Dipak Vinayak Ukidave by way of Registered Gift Deed bearing No. BDR-1/13248/2017 dated 37" November 2017 is absolutely legal, valid, subsisting and binding on all the perties | mentioned herein.
Petitioner and Aryan Amol Ukidave further agree and confirms that Ashutosh Vinayak Ukidave and 'Dipak Vinayak Ukidave are absolute owners of the said Flat. It is further
Advocate Nitin Vadke.
13. Petitioner and Aryan Amol Ukidave agree and confirm that the Registered Releasé Deed bearing No. BDR-4/7419/2013 dated 18t October 2013 executed by Late Amol Ukidave in favour of S -y » Deepak Vinayak Ukidave releasing his share in Flat No.206, fi"&fg_fikareshwar Co-op. Housing Society Limited is absolutely legal 3 p > valid subsisting and binding on them. The Petitioner and Aryan Amol Ukidave being the legal heirs of deceased do not have any right title interest in the said Flat. The Petitioner and Aryan Amol Ukidave in future shall not claim any right, title and interest and/or raise any dispute or claim in respect of ownership of the g\ said Flat. The Petitioner hereby undertakes issue Ie&er AnMOmkareshwar Co-op. Housing Society Limited to unconditionally { withdraw letter dated 12 July 2020 and Notice dated 19" April 2021 issued by Advocate Nitin Vadke.
14. Sanjivani Vinayak Ukidave had executed Registered Gift Deed bearing No. BDR-1-12986/2017 dated 20t November 2017 and
gifted her 66.66% share in Flat 401, Sumati Sadan Co-op Housing Society Limited, Prathana Samaj Road, Vile Parle East, Mumbai 400 057 to Petitioner and Aryan Amol Ukidave. Sanjivani Vinayak Ukidave hereby declares that the said Gift Deed dated 20t November 2017 is legal, valid, subsisting and binding on all the parties mentioned herein. Sanjivani Vinayak Ukidave agree and 'confirm that the Petitioner and Aryan Amol Ukidave are absolute owners of the said Flat.
In future Sanjivani Vinayak Ukidave or any person/s through her shall not claim any right, title, interest and/ or raise any dispute or claim in respect of ownership of the said Flat. Sanjivani Vinayak Ukidave hereby undertakes to issue letter Sumati Sadan Co-op Housing Society Limited .
unconditionally withdraw the said letter.
15.
Sanjivani Vinayak Ukidave had issued a letter dated 3 August 2022 to Madhu Madhura Co-op Housing Society Ltd., in respect of Flat No. 102, A Wing Madhu Madhura CHS Ltd., Prathana Samaj, Vile Parle (East), Mumbai 400
057. Sanjivani Vinayak Ukidave hereby undertakes to issue a letter to Madhu Madhura Co-op Housing Society Ltd., to unconditionally withdrawal letter dated 37d August 2022.
16.
Sanjivani Vinayak Ukidave had filed a criminal complaint No.TR No.16/B/2021 dated 23 February 2021 against Petitioner, her mother Pratibha Soman and uncle Mukund Vaidya at Vile Parle
consideration.
SV
19. The Petitioner and Aryan Amol Ukidave hereby agrees and confirms that in order to avoid any further dispute between the immovable properties of late Mr. Vinayak Ukidave and Sanjivani Vinayak Ukidave for past, present and future. pa.rties and/or legal heirs_ of the Deceased, the Petitioner and Aryan Amol Ukidave waive and/or releases their rights; title and and/or legal heirs of the Deceased, Sanjivani Vinayak Ukidave or any other person acting on her behalf shall not claim any rights, interesf if any, over the entire properties including moveable and
20. Similarly Sanjivani Vinayak Ukidave hereby agrees and confirms that in order to avoid any further dispute between the parties title and interest if any, over the entire properties including moveable and immovable properties of Petitioner and Aryan Amol Ukidave for past, present and future.
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21. The Parties to this Petition are signing these consent terms on their own free will and without any force, coercion or undue influence, or pressure.
22. There is no collusion or connivance between the Parties to this Petition.
23. There is no fraud, force or undue influence exercised by either against anybody in presenting these Consent Terms.
24. There is no other petition pending in any court of law with respect to subject matter of this Petition.
25. Upon signing of these Consent Terms the share of Sanjivani Vinayak Ukidave, mother of the Deceased is fully satisfied and she has no objection to issue Grant to the Petitioner in the above matter Mumbai dated this R4day of January 2024 PETITIONER JA AIKWAD Advocate for the Petitioner ARYAN AMOL UKIDAVE SON OF DECEASED g \ 2 .v- UMidcAve SANJIVANI VINAYAK UKIDAVE MOTHER OF DECEASED SUSHAN "l CHAYAN Advocate for Sanjivani Vinayak Ukidave
IN THE HIGH COURT OF JUDICATURE
AT BOMBAY TESTAMENTARY AND INSTESTATE JURISIDCTION PETITION NO.1047 OF 2018 Petition for Letter of Administration the Property and Credits of AMOL VINAYAK UKIDAVE ...DECEASED Anjali Amol Ukidave
...Petitioner
AND Aryan Amol Ukidave Sanjivani Vinayak Ukidave ...Legal Heirs of Deceased - CONSENT TERMS Rajkot Dated this AL;fiéy of January 2024 JAYANT GAIKWAD Advocate for the Petitioner 60-B, Bhupen Chambers, 4t Floor, 9, Dalal Street, Fort, Mumbai 400 001.
Adv. Code No. 29407 Reg. No. MAH/3775/1999 Mob: 9821774531