Disposed

Shilpa Dipan Doshi v. Ketan Jaswantlal Kothar

Bombay HC5 Sept 2023TS/85/2014

Case brief

AI extract

What is this about?

The court heard a testamentary suit regarding the estate of Mansukhlal Juthalal Kothari. The petitioners and the respondent reached a consensual settlement on the distribution of property. The court recorded the settlement terms and disposed of the suit accordingly.

What did the court decide?

Disposal of the Testamentary Suit based on the recorded consent terms granted by the counsel and party representatives.

Shilpa Dipan Doshi Vs Ketan Jaswantlal Kothar — Succession and Inheritance | Bombay HC (2023)

¶1

TESTAMENTARY SUIT NO.: TS / 85 OF 2014 PETITION NC.: 650 OF 2013 IN IN THE COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

¶2

Khadi No.2, Borivali (West), Mumbai-400092. ..-Deceased Hindu, Petition for Letters of Administration with Last Will annexed to the property and credits of Late Shri Mansukhlal Juthalal Kothari alias Mansukh Juthalal Kothari, Bachelor, Indian Inhabitant of Mumbai, Occupation: Retired, who was residing at the time of his death at C-17/164, Navneet Co-Op. Housing Society Ltd., Gorai

¶3

IN THE MATTER OF:

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(1) Mrs. Shilpa Dipan Doshi, . ) Aged 55 years, Occupation: House Hold, ) Hindu, adult, Indian Inhabitant of Mumbai, ) (2) Mrs. Falguni Sharad Chaudhary, ) Aged 58 years, Occupation: House Hold, ) Aldo. pyges. FS, Oeleo _ ye Shilpa Dipan Doshi Falguni Sharad Chaudhary Ketan Jasvantrai Kothari

¶5

Versus Mr. Ketan Jasvantrai Kothari Adult, aged 62 years, occupation: Retired Residing at Flat No.104, A wing, 1* Floor, Nanddham Building, L.T. Road, Opposite Shree Sagar Hotel, Borivali (West), Mumbai — 400092. .. Defendant CONSENT TERMS ) ) ) ... Petitioners Residing at 104, Nand Dham CHS Ltd., ) Being brother of Deceased namely Mr. Mansukhlal Juthalal Kothari L.T. Road Borivali (West), Mumbai — 400092 and niece of Late Mr. Mansukhlal Juthalal Kothari,) Hindu, adult, Indian Inhabitant of Mumbai, ) both C A of Late Mr. Jasvantlal Juthalal Kothari (Deceased)

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Background

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1 That the abovenamed Mr. Mansukhlal Juthalal Kothari died
at Mumbai on 18/02/2009 (hereinafter referred to as the said
“Deceased”). Hereto annexed and marked as Exhibit “A” is

¶8

Shilpa Dipan Doshi Falguni Sharad Chaudhary Ketan Jasvantrai Kothari

¶9

abovenamed.

¶10

1.2 That^{thesaidDeceasedatthetimeofhisdeathhadafixed} place of^{abodeatC-17,NavneetCHSLtd.,164,Gorai-2,} Borivali West,^Mumbai - 400092,^and left property in

¶11

1.4 That the said Deceased had made a Will (In Gujrati Language) at Mumbai on dated 17/06/2008 duly signed by the said Deceased in presence of two witness (hereinafter referred to as the said “Will’). By way of the said Will, the Deceased desires that all his movable and immovable roperties shall be equally share by the Deceased brother hri Jasvantlal Juthalal Kothari’s three children viz. (i) Mr.

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Ketan Jasvantlal Kothari; (ii) Mrs. Falguni Sharad Chaudhari; and (iii) Mrs. Shilpa Dipan Doshi. As per the said Shilpa Dipan Doshi. daughters viz. Mrs Falguni Sharad Chaudhari and Mrs.

¶13

Saeco FS lo pyet' Mr. Jasvantlal Juthalal Kothari. That Mr. Venilal was also Ketan Jasvantrai Kothari

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1.3 The said Deceased Mr. Mansukhlal Juthalal Kothari was unmarried when he died. The said Decease was having two elder brothers viz. (i) Mr. Venilal Juthalal Kothari; and (ii) unmarried and die. That Mr. Jasvantlal was having three children’s, one son viz. Mr. Ketan Jasvantlal Kothari and two

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Shilpa Dipan Doshi Falguni Sharad Chaudhary referred to as the said “Property”). Greater Bombay and in the state of Maharashtra (Hereinafter of the Death Certificate of the Deceased

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a photocopy

¶17

ated

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1.6 That Mr. Jasvantlal Juthalal Kothari had made a Will as well "as given the Power of Attorney^{dated17/09/2009tohisboth} the daughters named Mrs. Falguni Sharad Chaudhari and Mrs. Shilpa Dipan Doshi.

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1.7 That the said Deceased left behind him only surviving legal heirs and next of kins according to the Hindu Succession Act, 1956, the following persons, who are residing at Mumbai set out against their respective name as under:

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Sr. | Name of the heirs and next of kins | Age Relation with the

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No. of the Deceased abovenamed deceased Mr. Ketan Jasvantlal Kothari 62 years | Nephew (Married)

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1. | Mrs. Falguni Sharad Chaudhari 5@ years | Niece (Married) Mrs. Shilpa Dipan Doshi 55 years | Niece (Married)

¶23

1.8 The Deceased died as bachelor, Parents of the Deceased predeceased the Deceased, save and except hereinabove there is no any other heirs left by the Deceased.

¶24

Shilpa Dipan Doshi Falguni Sharad Chaudhary Ketan Jasvantrai Kothari Mr. Jasvantlal Juthalal Kothari.

¶25

1.5 That Mr. Jasvantlal Juthalal Kothari also died on d at 104, Nand Dham CHS Ltd.,

¶26

Borivali (West), Mumbai — 400092. Will, the said Deceased appoi L.T. Road

¶27

20/06/2011

¶28

5
oppose / objection to grant the Letters of Administration
pertaining to the said Will to the Petitioners.
2.2 The Defendant filed his opposition and objection on such
grounds contained in my submission before this Hon’ble
High Court and prayed that the Petitioners may not be
were en wee ereeeroesecan
25/04/2014 which
thereby asking the Defendant to record my say in respect of
2.1 That the Defendant received the Citation intimation on dated
sealed by Hon’ble Chief Justice, High Court, Bombay,
granted Letters of Administration as prayed in the Petition
ed by the Petitioners herein.
is dated 20/01/2014 duly signed and
my claim in the properties of the Deceased and to express my
Testamentary Petition before the Hon’ble Court.
2. The Defendant say and submit that:
1.10The Plaintiff desire to grant the Letters of Administration in
accordance to the said Will and accordingly filed the present
Shilpa Dipan Doshi Falguni Sharad Chaudhary
get intestate property ie. C-17, Navneet CHS Ltd., 164,
Gorai-2, Borivali West, Mumbai — 400092.
1.9 That the Petitioner being brother and the aid Deceased has
also made the said Will, hence the Petitioner is on titled to
Ketan Jasvantrai Kothari

¶29

Settlement Terms: e ° iv . es The Parties^{hereinnowamicablyresolvedtheirinter-sedisput} and have arrived^{atanamiableone-timesettlementinthemanner} and on the terms and conditions stated herein below: 3.1 As per the Will, the Letters of Administration to be granted for the said property, jointly in the name of the Petitioners and Defendant herein viz. (i) Mrs. Shilpa Dipan Doshi; (ii) Mrs. Falguni Sharad Chaudhari; and (iii) Mr. Ketan Jasvantlal Kothari; said Property. The Parties hereby agree and undertake to withdraw all the allegations, complaints, cases, against each other, made before any forum / police / court / authority etc. if any, and shall not make further complaint and/or not file any new case before any forum / police / court in any manner whatsoever, Shilpa Dipan Doshi Falguni Sharad Chaudhary Ketan Jasvantrai Kothari The Parties jointly and they use said Property jointly 33 / severally hereby acknowledge and agree that no party shall create any hurdles for the other party will enjoy and the henceforth amicably. grant the Letters of Administration in their joint name for the that they don’t have any objection if this Hon’ble Court may 3.2 The Parties jointly / severally hereby acknowledge and agree

¶30

against each other as well pertaining to the said Will and the said Property. 3.5 The Parties jointly / severally hereby acknowledge and agree that they are at liberty to present these Consent Terms, to disclose/file copies of these Consent Terms with/to any authority / entity / third parties, including without limitation to the Housing Society and/or any regulatory, investigative, law enforcement, or other authority as they deem fit, proper and necessary at their sole individual discretion. 3.6 The Parties herein have settled all their disputes, differences amicably & cordially with the intention to settle all their disagreements. 3.7 Therefore, the Parties herein mutually and most respectfully prayed to this Hon’ble Court to grant the Letters of Administration for the said property as well as for the other properties in accordance to the said Will of Mr. Mansukhlal Juthalal Kothari, jointly in the name of the Petitioners and Defendant herein viz. (i) Mrs. Shilpa Dipan Doshi; (ii) Mrs. Falguni Sharad Chaudhari; and (iii) Mr. Ketan Jasvantlal Petition. Kothari, and dispose-off the present Testamentary Suit &

¶31

Shilpa Dipan Doshi Falguni Sharad Chaudhary Ketan Jasvantrai Kothari

¶32

8 (Petitioner No.2 in Person)

¶33

Defendant
Mumbal-400 097, ae
WAWIN KUMAR THAKUR
ADVOCATE & NOTARY GOYT,OF rae
as nan dee Adarsh Seva Sancn .
Cutting 1
M.A.LL.&.
agar, No. 5,
mort
—6OhT 0 V2
BEFORE ME
Mr. Ketan Jasvantrai Kothari

¶34

Shilpa Dipan Doshi Falguni Sharad Chaudhary Ketan Jasvantrai Kothari

¶35

alata eT / Enrollment No.: 0664/10012/02955
To,
Rrea état art
Shilpa Deepan Doshi
1104 Kandivali Happy Home Apartment CHS LTD
Saibaba Nagar
Near J.B Khot School Borivali West
Mumbai
Borivali West Borivali Mumbai Suburban
Maharashtra 400092
9224598775
Ref: 2116 / 01R / 234290 / 234680 / P
UUM EC AAA qi
$B722781461FH
3a ae HATH / Your Aadhaar No.’
9518 4091 3492
AU 37a, AL Ugalat
| Geant nase
m2 Rrear artat are
#4 Shilpa Deepan Doshi
mee teat fafY/ DOB : 12/04/1968
a Ffgat / Female
5518 4091 3492
AW Zen, AL Gear
06/02/2012

¶36

Prat ot ATA FATHER'S NAME
JASWANTLAL JUTHALAL KOTHARI
tarot fat /DATE OF BIRTH
Re 20-05-1965 , Besraees
BRIT. /SIGNATURE
To,
re apy
Falguni Sharad Chaudhari
68/702, Madhav Tower
M TNL Road
Shanti Park Mira Road East
Mira-Bhayander
Mira Road Thane Thane
Maharashtra 401107
9969001636
Ref: 76 / 20A / 151283 / 151620} P
CALL a :
$H102093498DF
aT
8 VGONERNMENTORINDIA" ~~~
fi wr a ve p ater
Falguni Sharad Chauchan
‘, WH at / Year of Birth : 1965
#ft / Female
3463 0125 7475
SaNe — AMAT Aorarar siferare
ps. ell
ACXPC7149K
wag Get WON PERMANENT ACCOUNT NUMBER
aT NAME
bd
FALGUNI SHARAD CHAUDHARI
: [ered |
CTRL ila. St DIRECTOR OF ames INCOME are TAX (SYSTEMS) EP
2211212012

¶37

2 te LE Meee A Tees
prenigu i ; engen ntification . A Benda
ara INAME
eee SS aN Qver ESS SSRIS Gla: KETAN JASHWANTRAI KOTHARI
fet at ATA (FATHER'S NAME
JASHWANTRAI JUTHALAL KOTHARI
Ketan Jasvantrai Kothari
A Wing, A 104, Nanddham 1st Floor
L.T Road, ua fafa /DATE OF BIRTH
Opp. Shree Sagar Hotet Borivali West 18-05-1961
Mumbai
Borivali West Mumbai Mumbai eeMay /SIGNATURE i
Maharashtra 400092
9324059466 , Lifts ie ft Co hicn MIB HAM (SEL =z)
Temas os ays Commissioner of Income-tax(Computer Operations)
Ref 36 / 23H / 70822 /71820/P
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30a 3 HATH / Your Besse . No. 2
7843 7152 3064
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Ketan Jasvantrai Kothan
wea at / Year of Birth : 1964
Jeo / Male
7843 7152 3064
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19/06/2013
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¶38

IN THE COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE TESTAMENTARY SUIT NO.: TS/85 OF 2014 JURISDICTION

¶39

PETITION NO.: 650 OF 2013 IN

¶40

IN THE MATTER OF: (1) Mrs. Shilpa Dipan Doshi (2) Mrs. Falguni Sharad Chaudhary ... Petitioners Late Juthalal Kothari. alias Mansukh ...Deceased Shri Mansukhlal Juthalal Kothari

¶41

Versus

¶42

Mr. Ketan Jasvantrai Kothari ... Defendant CONSENT TERMS

¶43

Datedthis	dayof	2023

¶44

Prashant Lahoti Advocate for the Defendant. ; Address: C-302, Marigold No.4 C&D CHS Ltd., Beverly Park, Mira Road (E), Thane - 401107. Advocate Code No.: 128642 O.S. No.18524 Email: [email protected] Mobile No.: +91 93211 20571

Shilpa Dipan Doshi v. Ketan Jaswantlal Kothar

Case brief

What is this about?

What did the court decide?

Shilpa Dipan Doshi v. Ketan Jaswantlal Kothar

Case brief

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What did the court decide?

What the court decided

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