Disposed

Brahmi Sudhir Gandhi v. Shrenik Sudhir Gandhi

Bombay HC19 Jan 2024MPT/109/2023

Case brief

AI extract

What is this about?

The Bombay High Court recorded consent terms between siblings Brahmi and Shrenik Sudhir Gandhi regarding the settlement of disputes over the estates of their father S. Gandhi and mother Smt. Geeta. The court upheld the agreement whereby the appellant relinquished rights and received a flat and lump sum, disposing the miscellaneous petition.

What did the court decide?

Miscellaneous Petition (L) No. 321 of 2023 disposed of on terms of the recorded Consent Settlement between the parties.

Brahmi Sudhir Gandhi Vs Shrenik Sudhir Gandhi — Succession and Inheritance | Bombay HC (2024)

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IN THE^{HIGH COURTOF JUDICATUREAT BOMBAY} MISC PETITION^{(L) NO. 321(OF 2023} IN

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TESTAMENTARY^{PETITION NO),928 O1r 2010}

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Brahmi Sudhir Gandhi Versus Shrenik Sudhir Gandhi & Anr.

...Applicant

...Respondents

CONSENT TERMS

The Applicant^{hasfiledtheaboveApplication inter-aliaor} revocation of^{the Probate granted in Testamentary Petition No.928} of 2010^{andfor other reliefs. The Applicant hasalso raiscd issues} with regards^{toher shareintheestateof' hermother Smt.Gceta} Sudhir Gandhi.

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The Applicant^{andtheRespondents aresiblings.Duringthe} pendency of^{theabove application, negoliations ensucd between} the Parties^{andtheParties have mutually agreed tosettleall their} disputes and^{differences byand betwcen and against caclh other in} respect of^{theestates ofMr.Sudhir VrajlalGundhi (including} Sudhir Vrajlal^{Gandhi HUF) and Snt. GeetaSudlhir Gandhi, on the} terms and^{conditions andinthe manner, ashercinaller appearing.}

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It is^{agreed, declared and confirmed by the Applicant andthe} Respondents that :

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The^{Applicant confirms that her father died at Mumbai on}

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() 24th^{March,2010leaving behindhimWilldated22nd} March, 2010^{and Probate thereof was granted by Hon'ble} Bombay High^{Court on 29th August, 2012.The Applicant} had^{executed an Affidavit dated 29thJuly,2010 inter alia} giving no^{objection to the grant of probate inaccordance} with Will of Shree^{Sudhir Gandhi.}

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The^{Applicant further confirms that in pursuance of the said}

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(ii) Will of her^{father shehasbeenreceiving half shareof}

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License Fees/Rent^{inrespectofShop Nos.l and 2 at Sion in} Mira Mansion^{Co-operative Society Limited ("Sion shop").} It is agreed between^{Applicant andtheRespondents that} Respondents shall jointly pay a sum of Rs.1,30,000/ (Rupees One Lakh Thirty Thousand Only) per month OR the half (1/2) share of the actual rent which is received from the Sion shop, whichever is higher, to the Applicant, throughout her life. The Applicant hereby expressly agrees, declares and confims that the Respondents shall be entitled to sell the Sion shop, as and when they deem fit. However.

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it is made clear that even if the Sion shop is sold or it remains vacant, Respondents shall jointly keep on paying Rs.1,30,000/-(Rupees One Lakh Thirty Thousand Only) per month, to Brahmi, throughout her life; and

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(ii) Applicant has identified a residential flat being Flat No. 1808, admeasuring approximately 750 square feet (carpet area) with balcony/deck admeasuring 27 square feet, both aggregating to 777 square on the 18h floor in the Wing 'B' of the building known as �Castle Rock" ("said Flat") and 2 (two) covered/mechanic car parkings in the Building ("said Car Parkings") for her residence for a sum of Rs.3,50,00,000/-(Rupees Three Crores Fifty Lakhs Only). In view of the overall settlement of all the claims of the Applicant inter-alia in respect of estates of Mr. Sudhir Vrajlal Gandhi, (including Sudhir Vrajlal Gandhi HUF) and Smt. Geeta Sudhir Gandhi, the Respondents have agreed to pay for the purchase of the said Flat and the said Car Parking in the name of the Applicant. Accordingly, the Respondents have paid a sum of Rs. 70,00,000/- ( Rupees Seventy Lakhs Only) so far to the Applicant as under:

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a. Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) vide NEFT/RTGS bearing UTR No. CBINR52023 1 101100145I0 by Nishadh Gandhi;

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b. Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) vide NEFT/RTGS bearing UTR No. CBINR520231 10110014580 by Shrenik Gandhi;

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c. Rs. 32,50,000/- (Rupees Thirty Two Lakhs Fifty Thousand Only) vide NEFT/RTGS bearing UTR No. CBINR52023 122010001777 by Nishadh Gandhi and

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d. Rs. 32,50,000/- (Rupees Thirty Two Lakhs Fifty Thousand Only) vide NEFT/RTGS bearing UTR No. CBINR52023 122010001717 Shrenik Gandhi.

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The Applicant has in turn paid the said sum of Rs. 70,00,000/-to the Vendors namely (1) Ashish Singhal and (2) Ranjit Kaur Chandel. The Respondents undertake to pay the balance sum of Rs. 2,80,00,000/-(Rupees Two Crores Eighty Lakhs Only) to the Applicant to enable the Applicant to pay over the same to the Vendors after deducting the requisite TDS and deposit the TDS with the concerned Authorities and furnish the certificate of the same to the Vendors.

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(iv) Thc Applicant shall shift to the said Flat within a period of (6) six months from the date of taking possession i.e 20th January, 2024. Until the Applicant shifts to the said Flat, the Respondents shall keep on paying a sum of Rs.60,000/ (Rupees Sixty Thousand Only) per month as agreed in Suit (L) No. 4117 of 2023 filed before the Hon'ble Bombay High Court by Sandu Developers.

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Respondents have taken a top up Mediclaim policy for the Applicant for a sum of Rs.1,20,00,000/-(Rupees One Crore Twenty Lakhs Only) and are paying the annual premium for the same. It is agreed that the Respondents shall keep on paying the annual premium for such top up Mediclaim policy.

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5 Applicant hereby relinquishes and/or releases all her right, title, interest and share in the estates of Mr. Sudhir Vrajlal Gandhi. Sudhir Vrajlal Gandhi HUF and Smt. Geeta Sudhir Gandhi in favour of the Respondents.

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Subject to the Respondents complying with the present consent terms, the Applicant undertakes to this Hon'ble Court that the Applicant shall never claim any right or title or interest or share in

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the^{estates of Mr. Sudhir Vrajlal Gandhi.Sudhir Vrajlal Gandhi} HUF and^{Smt. Geeta Sudhir Gandhiin any manner whatsoever.}

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Applicant agrees,^{declares,confirmsandundertakestothis} Hon'ble Court to^{execute allthedocuments togive effect tothe} agreement arrived^{atbetween the Applicant and the Respondents} in the present^{ConsentTermsandforrelinquishing and/or} releasing Applicant's^{shareintheestates of Mr.Sudhir Vrajlal} Gandhi, Sudhir Vrajlal Gandhi HUF and Smt. Geeta Sudhir Gandhi in favour of the Respondents.

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8 Applicant undertakes to withdraw all the cases, proceedings, petitions, complaints etc. filed by the Applicant against the Respondent or any of their family members or representatives for whatsoever reason before any Court or Tribunal or Authority including Police Authorities within 15 days from the date of this Consent Terms.

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Applicant has filed a Letters of Administration Petition in respect of the estate of Smt. Geeta Sudhir Gandhi before the Hon'ble Bombay High Court being Testamentary Petition (L) No. 7020 of 2023. Applicant undertakes to withdraw the same unconditionally within 3 (three) days of filing of these Consent Terms. Further., the Applicant undertakes to sign, execute and notarize the Consent

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Affidavit which shall be required in the Letters of Administration Petition in respect of the estate of Smt. Geeta Sudhir Gandhi which shall be filed by the Respondents or any of them. It is expressly made clear and the Applicant undertakes to never claim any share or right in the estate of Smt. Geeta Sudhir Gandhi in any event.

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Applicant confirms that this consent terms itself may be treated as full and free consent/no objection for grant of Letters of Administration to Respondent in respect of the estate of her mother Smt. Geeta Sudhir Gandhi without service of any citation and without justifying any surety in respect of estate of Smt. Geeta Sudhir Gandhi.

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Applicant undertakes to execute all the necessary and requisite documents which shall be required by the Respondents for the dissolution of Sudhir V. Gandhi HUF without payment of any further consideration over and above what is mentioned in this Consent terms.

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There is a loan of Rs.33,47,909/-(Rupees Thirty Three Lakhs Forty Seven Thousand Nine Hundred and Nine Only) standing to the credit of Applicant in the books of Roofs and Ceilings India Pvt. Ltd. The Respondents shall ensure that the said loan is repaid

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by^{Roofs and Ceilings India Pvt. Ltd. to Applicant onor before} 18th August, 2024.

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Applicant holds^{3600 shares inRoofs and Ceilings India Pvt. Ltd.} The said^{sharesshallbetransferredbyApplicanttothe} Respondents upon^{theRespondentspayinghersumof} Rs.28,81,764 (Rupees^{Twenty Eight Lakhs Eighty One Thousand} Seven Hundred^{Sixty Four). The value of the said shares has been} arrived at in accordance^{tothe valuation prescribed under Income} Tax Act, 1961.

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Applicant and the Respondents hereby agree, declare and confirm that the Applicant and the Respondents have entered into the present consent terms out of their own free will and without any coercion.

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These Consent Terms shall be binding upon the parties hereto and their respective successors in interest, successors in title, heirs, representatives, executors and administrators. Parties agree and acknowledge that, in an event of the breach of the present Consent Terms, the non-breaching Party shall be at liberty to initiate appropriate proceedings before this Hon'ble Court or any other competent forum to exercise the rights and remedies available to it, under the extant laws.

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It is hereby agreed, declared and confirmed by all the parties herein that all the statements, representations, declarations, warranties etc. made by them in these Consent Terms. is/are true and correct in all respects.

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In view of the above terms, the present Petition stands disposed off.

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No order as to costs.

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Dated this day of o| ,2024.

Xpplicant

Respondent No.I

Respondent No.2

Advocate for the Applicant

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Advocate for Respondents Kb.largei

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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TESTAMENTARY AND INTESTED JURISDICTION

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MISC. PETITION (L) NO. 321 OF 2023

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TESTAMENTARY PETITION NO. 928 OF 2010

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Brahmi Sudhir Gandhi ...Petitioner

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Versus

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Shrenik Sudhir Gandhi

..Respondents

CONSENT TERMS

Dated this

day of January, 2024

ROMIN DINESH SANGOI

Advocate High Court Advocates for Respondents Flat No. I503, Amarjyoti C.H.S.L.. Kastur Park, Off. Shimpoli Road, Borivali (West), Mumbai - 400 092.

Brahmi Sudhir Gandhi v. Shrenik Sudhir Gandhi

Case brief

What is this about?

What did the court decide?

Brahmi Sudhir Gandhi v. Shrenik Sudhir Gandhi

Case brief

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What did the court decide?

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