Mrs Bernadette Vasnaik Vs Philip Francis Gerard Sequeira

PHILIP FRANCIS GERARD SEQUEIRA S/O LATE SRI THOMAS A SEQUEIRA MERCHANT NAVYMAN AGED 68 YEARS RESIDING AT 35, TRINITY CHRISTINE LAYOUT OPP :SAICS COLLEGE,

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HC-KAR

KOTHANUR

BENGALURU-560 077

…RESPONDENT

(BY SRI JOHN PAUL.A, ADVOCATE)

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THIS PROB.CP IS FILED UNDER SECTION 278 AND PARTS VII AND IX OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO GRANT THEM, JOINTLY AND SEVERALLY, LETTERS OF ADMINISTRATION TO HAVE EFFECT THROUGHOUT THE UNION OF INDIAN, GRANTING THEM SUCH OTHER RELIEFS AS MAY BE DEEMED FIT IN THE INTERESTS OF EQUITY AND JUSTICE AND ETC.,

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IN PROB.CP NO. 12/2021

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BETWEEN:

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MRS BERNADETTE VASNAIK W/O DAVID VASNAIK AGED ABOUT 60 YEARS R/A C-403, SKYLINE SOLSTICE 35, BHUVANAGIRI MAIN ROAD BANGALORE-560 043

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CHRISTOPHER JOSEPH SEQUEIRA S/O LATE SRI THOMAS A SEQUEIRA AGED ABOUT 63 YEARS R/A C-1, FIRST FLOOR TRINITY HABITAT 3^RD CROSS, JANAKI RAMAN LAYOUT HENNUR ROAD BANGALORE-560 043

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...PETITIONERS

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(BY SRI R I D’SA, ADVOCATE)

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AND:

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PHILIP FRANCIS GERARD SEQUEIRA S/O LATE SRI THOMAS A SEQUEIRA MERCHANT NAVYMAN AGED ABOUT 68 YEARS R/A 35, TRINITY CHRISTINE LAYOUT

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HC-KAR

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OPP: SAICS COLLEGE KOTHANUR BENGALURU-560077

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...RESPONDENT

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(BY SRI JOHN PAUL.A, ADVOCATE)

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THIS PROB.CP IS FILED UNDER SECTION 278 AND PARTS VII AND IX OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO GRANT THEM, JOINTLY AND SEVERALLY, LETTERS OF ADMINISTRATION TO HAVE EFFECT THROUGHOUT THE UNION OF INDIAN, GRANTING THEM SUCH OTHER RELIEFS AS MAY BE DEEMED FIT IN THE INTERESTS OF EQUITY AND JUSTICE AND ETC.,

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THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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Petitioner No.2 and respondent present.

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Petitioner No.1 is resident of United States of America. However, his signature on the joint memo of settlement is obtained.

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Petitioner No.2 and respondent are present along with their respective advocates.

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HC-KAR

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Joint memo of settlement filed in the Court is extracted hereunder for ready reference:

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JOINT MEMO OF SETTLEMENT

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“The petitioners and the respondent above named state that they have amicably settled all the matters in issue between them relating to their inheritance of the estate of their deceased brother Peter Joseph Sequeira on the mutually accepted terms as follows:

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1. The respondent hereby withdraws and does not

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press all his allegations in his statement objections filed in this case, which are not in consonance with the terms of this their settlement. He therefore has no objection to this petition for the grant of letters of administration to the petitioners being allowed as prayed for by them, with the under mentioned modifications to the inheritance by the parties hereto of the hereinbelow mentioned two items of property. All the other items of property are liable to be inherited by them in equal shares as per the applicable law of intestate succession.

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2. The property bearing No.15 Shivdarshan Apartments, bearing municipal No. 80/15 Infantry Road, Bengaluru 560 001, shall be sold and the net amount remaining after all expenses, outstandings, advances, tax payments and other outgoings are paid and cleared, shall be shared by the petitioners and the respondent in the proportion of 30:30:40

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HC-KAR

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per cent respectively, in full and final settlement of their claims relating thereto.

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3. The pure gold biscuit weighing about 5 grams, which has hitherto been held, along with all the other items of jewellery belonging to their late mother, Mrs. Dorothy Marie Sequeira, by the 1st petitioner in trust for the later distribution in equal shares between and to the parties hereto, shall be withdrawn from the said packet of jewellery and the said piece would be given to the respondent as his property not to be divided and shared as a part of the items to be divided and distributed as aforesaid. Pursuant thereto, the said item, as authorised by the 1st petitioner, is handed over by the 2nd petitioner to the respondent at the time of the filing of this settlement in this Hon'ble Court and SO herein acknowledged by the latter.

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4. The petitioners and the respondent will hereafter mutually cooperate to complete these grant proceedings and all the other legal requirements viz., the execution of the administration bond without security and sureties, the filing of the statutory inventory and accounts, as also the sale of the apartment and the distribution of the sale proceeds thereof and to thus enable them to amicably and at the earliest close these proceedings in accordance with law.”

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HC-KAR

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Petitioner No.2 and respondent agree that terms of the joint memo depict true terms of settlement. As per the settlement terms, objection raised by respondent are withdrawn and respondent has consented for allowing the petition with slight modifications which has been accepted by the petitioners.

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As such, there is no impediment for this Court to accept the joint memo of settlement and allow the petitions.

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Placing the joint memo on record, no more enquiry is necessary and petition needs to be allowed.

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Hence the following:

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ORDER

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(i) Petitions are allowed in terms of the Joint

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Memo of Settlement.

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(ii) The Registry is directed to issue Letter of Administration in the name of the petitioners in respect of estate of late Peter Joseph Sequeira *and Jean Sequeria.

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*Vide order Court order dated 25.09.2025

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