Suhas Sheshappa Shettigar v. Shivram Vasu Shettigar Being C.A. Of Geeta S. Shettigar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION SUIT NO. 64 OF 2013 IN PETITION biO. 913 OF 2012 Petition for Letters of Administration with the Will dated 9th June, 2008, annexed to the property and credits of Shri Sheshappa Thaniya Shettigar, Hindu Indian Inhabitant, a permanent resident of Mumbai, Occupation Business, who was residing at the tinre of his death at Flat No. 306, Kanchanban CHS LTD, Plot No. 164, Anant Waman Vartak Maw, (Old Dixit Road 11,in.), Vile Parle (East), Nlumbai 400057.

. . . Deceased SUHAS SHESHAPPA S!{EITTIGAR, Hindu Indian Inhabitant of Mumbai, age 60 years, residing at Flat No. 306, Kanchanban CHS Ltd., Anant Warnan Vartak Marg, Vile Parle (East), Mumbai 400057, being one of the legatee named under the last Will and testament of the deceased above named Petitioner

Versus

Geeta Shivram Shettigar, AGE 63 YEARS Residing at Shivaram Nivas, near Polali Mahadwara, Thenkulipady Village, Post Kinnikamb Ia, Manga lore Taluk, Dakshina Kannada, District Karnataka State through her constituted Attorney, Mr. Shivram Vasu Shettigar Defendant CONSENT TERMS That the present consent terms reflect amicable settlement between the Plaintiff SUHAS SHESHAPP A SHET'FiOAR and the defendant GEETA SHIVRAM SHETTIGAR in the above-mentioned Testamentary Suit, pursuant to the settlement the present defendant shall withdraw her caveat and affidavit in support of the caveat filed by her in the above matter on the following terms and conditions :

(1) That the defendant being married daughter of the deceased, Class I legal heir, hereby unconditionally accepts / acknowledges / admits the last Will of the deceased dated 9th June, 2008 unconditionally. W

(2) The Plaintiff and his brother Paresh Shettigar are entitled for deceased's share in the property located at Flat No. 306 Kanchanban CHS Ltd, plot No. 164, Anant Waman Vartak !Warg, Vile Parle East,

q) Mumbai - 400057. The defendant will relinquish her right, title and interest in the aforementioned property upon receipt of payment of Rs. 40,00,000/- (Rupees Forty Lakhs Only) from the Plaintiff and his brother Paresh Shettigar. The plaintiff is paying to the defendant the aforementioned a sum of Rs. 40 Lakhs vide Demand Draft no.432261 dated 11/03/2024 drawn on Canara Bank, Mangalore Branch, for these present consent terms and the defendant and her successors will not make any future claim on the deceased's properties.

(3) The Plaintiff and his brother Paresh Shettigar will relinquish their right, title and interest in the premises of S. T. Shettigar situated at Lakhani Terrace, Cawasji Patel Street, Fort, Mumbai.

(4) in consideration of these consent terms the caveat and affidavit in support of caveat filed by the caveator/defendant stand withdrawn and it is further requested that Letters of Administration with the Will annexed in Petition No. 913 of 2012 may be issued as prayed and further the present consent terms may be attached to the Grant of Letters of Administration with the Will annexed serving as an integral component of the administration and distribution of the deceased's estate's % propertr es.

(5)it is acknowledged that these consent terms are legally binding and in-evocable upon both the parties and the Petition be reconvened into Non challenged Letters of Administration with the Will annexed.

(6) All concerned authorities are hereby instructed to act in accordance with these consent terms and the grant of the Letters of Administration with the Will annexed duly issued by this Honourable Court.

(7) Issuance of Certified copy and Grant of Probate is expedited. T)QKU %\b \b-CI>-L"LX \r c,iF „„..$?XY:

P 1 g1:1 #3LJrIIIrIf:1pIpIrIi) Adl£ckte for Defendant q-'-'"M*..

Defendant

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION SUIT NO. 64 OF 2013 IN PETITION NO. 913 OF 2012 Petition for Probate of the last Will and testament of SFEESHAPPA SHETTIGAR . .. Deceased.

SUHAS SHESHAPPA SHETTIGAR . . . Petitioner/PLAINTIFF.

Versus

GEETA SHIVRqM SH_ET'r jG AR CAVEATRIX.

CONSENT TERMS n\$\qU Dated this 13day of FEBRUARY 2024 BHALCHANDFtA G. SARAF Advocate for the Plaintiff 373, Sailors Bldg., D.N. Road Fort, Mumbai - 400023