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Madras High CourtOP/1055/2017ordered

Debts Of Mr.Vetriselvan v. Shantha Vetriselvan

2022-07-29Honourable Mr Justice Krishnan Ramasamy4 pages

KRISHNAN RAMASAMY.,J.

This Original Petition has been filed seeking to issue the succession certificate to get the death benefits of the deceased to the legal heirs.

2. When the matter is taken up for hearing today, both the learned counsels for the petitioners and the respondents would submit that the parties have amicably settled the matter and have also filed the Memorandum of Compromise dated 28.07.2021 to that effect. The said Memo has been duly signed by both the parties and attested by their respective counsel. The parties are also present before this Court today. The contents of the said Memo are recorded as follows:-

1. The petitioners and the respondents hereby agreed to share the entire amount lying with the Disbursing Authority namely Press Information Bureau under the heads of Gratuity, Provident Fund, Arrears of Salary, Arrears of Family Pension in the ratio 50:50. The petitioners and respondents agreed to execute necessary documents and papers for disbursement of the amount as agreed supra by the Authority.

2. The petitioners and the respondents agreed that the family pension of the deceased B.K.Vetriselvan shall be shared equally by the 1st petitioner and the 1st respondent and the Disbursing Authority shall remit 50% of the family pension to the 1st petitioner's bank account and the remaining 50% to the 1st respondent's bank account.

3. The petitioners hereby agreed to give 50% share to the respondents in the ancestral properties measuring an extent of 58 cents of vacant land comprised in Survey Nos.405/3C and 405/4B situated in between Kaliamman Kovil and Parimalam Cinemas in the Madurai Highway Road (back side of State Bank of India) Batlagundu, Dindigul District as per law and agreed to execute proper deed for exclusive rights of the respondents over the above said ancestral properties of the deceased B.K.Vetriselvan.

4. The petitioners hereby agreed and assured that the petitioners are not claiming any right whatsoever on the property of the deceased B.K.Vetriselvan at Chennai namely the Flat bearing No.C2/10, TNHB Flats, Ganga Nagar, 1st Street, Maduravoyal, Chennai - 600 095, and the respondents are the absolute owners of the above said Flat at Chennai.

5. The petitioners and the respondents hereby agreed that the petitioners shall give consent for seeking employment in the Central Government service on compassionate ground which arises due to the death of B.K.Vetriselvan during the

service period for V.Vijayalayan the 2nd respondent as successor to the deceased B.K.Vetriselvan.

6. The petitioners and the respondents hereby agreed to cooperate each other for enforcing the above Memorandum of Compromise.

3. The learned counsel appearing for the petitioners as well as the respondents would submit that the suit may be ordered in terms of the Memorandum of Compromise.

4. Recording the Memorandum of Compromise dated 28.07.2021, this Original Petition is ordered in terms of Memorandum of Compromise. The Memorandum of Compromise shall form part of the order. 29.07.2022 Sni

KRISHNAN RAMASAMY.,J.

Sni 29.07.2022