Tarakad Krishnamurthu Venkateshwaran v. Tarakad Appadu Krishnamurthy (Deceased)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION PETITION N0.94 1 OF 2005 Petition for the Succession Certificate in respect of certain debts securities belonging to Mr.

Tarakad Appaduraier Krishnamurt.hy, Hindu, Indian Inhabitant Occupation: Service, residing at the time of his death at 8/219, Shree Datta Mandir, Sir Bhalchandra Road, Matunga (E), Mumbai - 400 0 19.

. .. Deceased Mr. Tarakad Krishnamurthy Venkateshwaran alias Mr. Tarakad ) Krishnamurthy Venkatesh, Hindu, ) Indian Inhabitant, residing at 8/2 19, Shree Datta Mandir, Sir Bhalchandra Road, Matunga (E), Mumbai - 400 0 19 ) . . . Petitioner

Versus

Mrs. Radha Jayram 405/406, Link Plaza CHS Ltd.

above Garden View, Chincholi Bundar, Malad (West), ) Mumbai - 400 064 . . . Caveator/Respondent

1. The Petitioner and the Caveator/Respondent, Mrs. Radha Jayaram (hereinafter referred to as "the Respondent") have agreed to settle the differences and disputes between them and file Consent Terms without any coercion, undue influence and/or misrepresentation from any person or persons.

2. The Petitioner has agreed to share the properties of the late Mr. Tarakad Appaduraier Krishnamurthy more particularly described in the Schedule annexed as "Exhibit - Bn to the Testamentary Petition No.94 1 /2005 ("Properties"), among his legal heirs equally, in the manner described in Clause 3 of these Consent Terms.

3. The Petitioner shall, out of the Properties, transfer 20% of the said shares/debentures standing in the name of late Mr. Tarakad Appaduraier Krishnamurthy upon the receipt of succession certificate by the Petitioner and upon the Petitioner being entitled and authorized to sell/transfer the same and also 20% of the money lying in the bank account standing in the sole name of late Mr. Tarakad Appaduraier Krishnamurthy upon the receipt of succession certificate by the Petitioner and upon the Petitioner being entitled and authorized by the said Indian Overseas Bank to operate the said bank account of late Mr. Tarakad Appaduraier Krishnamurthy, to each of the following:

I.

Mrs. Radha Jayaram - 20%;

11.

Mrs. Shyamala Narasimhan - 20%;

111.

Mrs. Annapurna Krishnan - 20%; and IV.

Mrs. Shantha Guruvayurappan - 20%.

4. The Respondent has agreed to accept her 20% share in the Properties as described in Clause 3 hereinabove, as full and final settlement of all or any claims that the Respondent has in the estate and properties of late Mr. Tarakad Appaduraier Krishnamurthy.

5. The Respondent shall not directly or indirectly, in any manner whatsoever, claim any other right, title and/or intere.st in other assetslproperties, if any, of late Mr. Tarakad Appaduraier Krishnamurthy except to the extent described in Clause 3 hereinabove.

I

6. The Respondent undertakes to withdraw and hereby withdraws the Caveat filed by her in the matter and agrees that the grant be issued in the name of the Petitioner by this Hon'ble Court. Dated this &4v '

day o f a Advocate for the Petitioner

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION N0.941 OF 2005 Mr. Tarakad Appaduraier Krishnarnurthy .. . Deceased Mr. Tarakad Krishnamurthy Venkateshwaran . . . Petitioner v/ s Mrs. Radha Jayram . . .Caveator/ Respondent CONSENT TERMS -t&;;- This day of February, 2018 KAMNI S. AHUJA Advocate for petitioner MOHAN V. KWTAVKAR Advocate for Caveator/Respondent, lSt floor, Kalpataru Heritage, Maneckji Wadia Building, 127, M.G.Road, Mumbai-400023.