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Bombay High CourtTS/134/2024consent term

Amit Bhalchandra Baraskar v. Vijaya Bhalchandra Baraskar

2025-03-06Hon'Ble Justice Shri Arif S. Doctor15 pages

- 400 022, being one of the ... Plaintiff '

)

Sitaram Baraskar (Deceased) as per the Schedule - I annexed to the said Petition.

2.

That the Plaintiff and the Defendant No. 2 are the sons of the Deceased and Defendant No. 1 is the widow of the Deceased. 3.

That after service of Citation, the Defendants have filed Caveat No. 152 of 2024 to oppose the above Petition therefore the above Petition is converted into the Testamentary Suit No.134 of 2024. 4.

That now the Plaintiff and the Defendants have amicably resolved their dispute on the following terms and conditions: i.

That the Plaintiff and the Defendants have mutually agreed that this Hon'ble Court be pleased to issue Letters of Administration to the property and credits of Mr. Bhalchandra Sitaram Baraskar (Deceased) in the joint names of the Plaintiff and Defendants.

ii.

It is agreed between the parties that, all the right, title and interest ofthe Deceased as vested in the Defendants in respect of the immovable property mentioned at Serial No.

1 of the Schedule-I of the above Petition 'F

being Flat No.

11, 2' Floor, Bhagyodaya Society, Duncan Causeway Road (N. S. Mankikar Marg), Sion East, Mumbai 400 022 shall be transferred I released / gifted by the Defendants to the Plaintiff after 3completing the necessary formalities by the Plaintiff& the Defendants. The statutory charges if any and stamp duty thereon shall be paid by the Plaintiff iii.

It is agreed between the parties that, all the right, title and interest of the Deceased as vested in the Plaintiff in respect of the immovable property mentioned at Serial No. 2 of the Schedule-I of the above Petition being Flat No.

302, Ameya CHS, RB!

Wing, Temple Hill Compound, N.

S. Mankikar Marg, Sion, Mumbai 400022 shall be transferred! released /gifted by the Plaintiff into the name of the Defendant No.2. The statutory' charges and stamp duty if any thereon shall be paid by the Defendant No.2.

iv.

That it is agreed that, all the right, title and interest of the Deceased as vested in the Plaintiff if any in respect

of the immovable property mentioned at Serial No. 3 & 4 of the Schedule - I of the Petition, it is agreed that the Plaintiff hereby released and relinquished all his rights, title and interest If any in the properties i.e. (a) Room ci No.15A, Palkhiwala Building, Shahid Bhagat Singh Marg, Fort, Mumbai 400001 & (b) Bungalow No.2, Pine Wood Society, Varsoli, Lonavala, Dist: Pune in favour of the Defendant No. 2.

v.

That, apart from the movable properties I amounts mentioned in the Schedule-I, the Parties have now discovered certain investments in the Share Market made by the Deceased through a Demat Account in HDFC Bank, Sion Branch linked to Saving Bank A/c No. 50100290019779, DP ID: 1N301549, DP A/c No. 61560195 as follows:

a) ADF Foods Ltd. (1000 shares) b) Avenue Supermarts Ltd. (75 shares) c) Bajaj Finance Ltd. (35 shares) d) Godrej Properties Ltd. (50 shares) e) Havells India Ltd. (100 shares) ,

O Jio Financial Services Ltd. (75 shares) g) JSW Steel Ltd. (50 shares) h) Kotak Mahindra Bank Ltd. (50 shares) i) MCX India Ltd. (25 shares) j) Reliance Industries Ltd. (150 shares) k) The Tata Power Company Ltd. (1 share) United Breweries Ltd. (75 shares) m) Wipro Ltd (200 shares) A formal schedule ofthe above-mentioned shares is attached herewith these Consent Terms.

5.

That all the movable properties mentioned in the Schedule No I and investments in share market as mentioned above shall be shared 50:50 by the Plaintiff and the Defendants i.e. 50% to the Plaintiff and 50% to both the Defendants.

6.

It is thrther agreed between the parties that the transfer process of the immovable properties as agreed above shall be completed by the parties within a month from the date of execution of this Consent Terms and the transfer process of movable assets shall be completed within 2 months of execution of this Consent Terms.

7.

It is agreed between the parties that the above Testamentary Suit be decreed as per present Consent Terms.

8.

That after execution of this consent terms and disposal of the above Petition, none of the parties shall file any civil or criminal litigation before and credits of any court or forum regarding properties Deceased Mr. Bhalchandra Sitaram Baraskar.

Dated this day of March, 2025 Adv. for Plaintiff Plainti),.,i.

Defendant No. I Adv. of F6T Defendant No. 2 Sr. No.

.

.

Date S*gn.

Saano\2LC.

. 'o II.Car.

.

SCHEDULE - I SCHEDULE OF SECURITIES SECURITIES Description Sr.

ISIN Company Scrip Balance Market Market Status No.

Name Type Rate Value 1.

1NE982B01027' ADF FOODS EQ NEW 1000.00t 294.100 294100 Free LIMITED FV Rs.2/- 2.

1NE192R01011 AVENUE 75.000 4025.200 301890 Free SUPERIMARTS EQ LIMITED INE296A01024; BAJAJ EQ NEW 35.000 7407.250 I 259253.751t FINANCE FV Rs.2/- LIMITED I 136705 Free - --4-_-_______-- -- -.

4.

1NE484J01027 CODREJ EQ NEW 50.000 2734.100 PROPERTIES FV Rs.

I LIMITED I -J - 5.

INE176B01034 HAVELLS EQ NEW 100.000 1700.000 170000 Free INDIA LIMITEI FV Rs. 1/- SERVICE EQ LIMITED

7.

1NE019A010381 JSE STEEL EQ NEW 50.000 915.050 45752.5 Free LIMITED FV Rs.l/ :1838.650 i5 MAHINDRA FV Rs.5IBANK LIMITEIJ 9.

1NE7450010351 MCX INDIA EQ NEW LIMITED FV Rs.1O/- 10.

INEOO2A0IO18r RSELIANCE 150.000 1251.150 187672.5 Free INDUSTRiES EQ LIMITED 11.

INE245A01021 THE TATA -- I EQ NEW 1.000 396.650 396.65 Free POWER FV Re. 1/- COMPANY LIMITED EQ NEW 75.000 2128.100 159607.5 Free 12.

1NE686F01025 UNITED FV RE.1/- BREWERIES LIMITED 'i_ I - • 13.

INEO7SAOIO22 WIPRO EQ NEW 200.000 294.450 58890 Free LIMITED FV Rs.2 TOTAL VALUATION (RS.): 18,83,280.40

IN THE HIGH COURT OF JUDICATURE

AT MUMBAI TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 134 OF 2024 IN PETITION NO. 1445 OF 2023 Amit Bhalchandra Baraskar Plaintiff

Versus

Vijaya Bhalchandra Baraskar & Anr Defendants CONSENT TERMS Dated this day of March, 2025

CONSENT VERIFICATION TESTAMENTARY SUIT NO.134 OF 2024 Amit Bhalchandra Baraskar ....Plaintiff V/s.

Vijaya Bhalchandra Baraskar & Anr.

... Defendants Smt. Vijaya Bhalchandra Baraskar- Defendant No.1 and Mr. Ashish Bhalchandra Baraskar, Defendant No.2.

Copies of the identities are annexed with the Consent Terms. Respective Advocates have identified the signatories to the Consent Terms dated 6" March, 2025. All the Signatories have admitted the contents of the consent terms. The consent term are duly signed by the parties out of their free will without any undue influence and coercion. The consent term is duly executed by the signatories. Date March, 2025.

KIRTI S. KUBAL Associate, High Court, Bombay

tI4qfl R(41tJJ • - 4-ijçj INCOME TAX PEPARTMIrn' • (X) OF INDIA AMIT B BARASKAR - (Sd.

i 8HALcNANDR SIFARAM hARASKAR ,'P_I • 0910411915 PomwAvco.nN.mlrr AMDPaEO45M 4.

Gov&fliéntUIlndJa MW Amit Bhalchandm Baraskar 1T HTtTUI DOS: 0910411975 tRNI Mate a V 8407 3667 9697 tu tt a UiiiqueTdøPlifitSVOfl AUthOdWaf India tii, 2 'flflZ. 11P'Ifl W&, . IW a j* 4, n 400022 Address: Flat nail, 2nd Floor, Shagyodaya Society. NSMankikar Marg. Besides Sian lake, Sian. Mumbai, Mumbai City, Maharashtra. 400022 84073667 9697 heIp@uidaiS9OV.ln www.uldaLgOV.in