Gautam Soni And Anr vs State And Ors
2015 Latest Caselaw 6210 Del

$~23.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     TEST.CAS. 23/2015
      GAUTAM SONI & ANR                            ..... Petitioners
                    Through: Mr. Sanjiv Kakra, Advocate with
                    Ms. Vaishali Kakra and Mr. Irfan Ahmed,
                    Advocates with plaintiff No.1 in person.

                       versus

      STATE & ORS                                  ..... Respondents
                       Through: Mr. Dinesh Garg, Advocate with
                       Ms. Rachna Agrawal, Advocate for R-2 with
                       R-2 and her husband, Mr. Rakesh Kumar in
                       person.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 24.08.2015

1. The present petition has been filed by two petitioners under

Section 276 of the Indian Succession Act, 1925 for grant of probate in

respect of a document stated to be the last will and testament dated

02.10.2010, executed by late Smt. Harsh Nanda.

2. Mr. Kakra, learned counsel for the petitioners states that the

petitioners were family friends of late Smt. Harsh Nanda and they

have filed the present petition as the executors of the subject will

whereunder the deceased had made a bequest in respect of her

immovable property bearing No.N-49, Panchshila Park, New Delhi.

3. Notice was issued on the present petition on 27.03.2015,

whereafter appearance was entered by Mr.Garg, Advocate on behalf of

the respondent No.2. Mr. Garg submits that the respondent No.2 is

the sole class-I heir of the deceased, her father/husband of Smt.

Harsh Nanda having predeceased his wife. He states that due to the

frequent interference by Shri Rahul Kumar, husband of the respondent

No.2 in the property, subject matter of the will, his client had to file a

suit for declaration and injunction in this Court, registered as

CS(OS)2930/2014. In the said proceedings, the parties were referred

to mediation and a Settlement Agreement dated 06.01.2015 was

executed between the respondent No.2, her husband, Mr. Rahul

Kumar and the respondent No.3, minor son of the respondent No.2

and Shri Rahul Kumar, through his father and natural guardian.

4. In terms of the settlement arrived at between the parties, they

had agreed that the respondent No.2 is the absolute owner of the suit

premises and she would have the full right to get it mutated in her

favour. It was further agreed that the respondent No.2 will get the

suit property developed through a Developer/ Builder and have four

floors constructed thereon, out of which, she would be free to deal

with two floors and the remaining two floors would be dealt with by

the respondent No.3/minor upon his attaining majority. It is further

agreed that if the minor son predeceases his mother, then she would

be free to enjoy the remaining 50% of the property at her sole

discretion. Based on the aforesaid Settlement Agreement, the suit

was decreed vide order dated 10.02.2015. The copies of the

Settlement Agreement dated 06.1.2015 and the order dated

10.2.2015 are handed over and taken on record.

5. Counsel for the respondent No.2 states that no further orders

are required to be passed on the present petition in view of the

settlement arrived at between the respondent No.2 and her husband,

which will take care of the interests of the minor respondent No.3.

6. Mr. Kakra, learned counsel for the petitioners states on

instructions that his clients do not have any interest in the suit

property except for safeguarding the respondent No.3/minor's

interest. He states that the respondent No.2 be called upon to retain a

sum of Rs.6.50 crores from out of the sum of Rs.10.50 crores, which

shall be received by her in terms of the Collaboration Agreement dated

10.03.2015, whereunder the builder/developer has agreed that it shall

pay a sum of Rs.6.50 crores to the respondent No.2 at the time of

execution of the sale deed in respect of its share in the suit premises.

It is suggested that the aforesaid amount may be deposited in this

Court and be placed in a FDR so that the entire amount alongwith

interest accrued thereon can be released in favour of the respondent

No.3 upon his attaining majority.

7. Counsel for the respondent No.2 is agreeable to the aforesaid

suggestion.

8. In view of the aforesaid submission, the respondent No.2 is

directed to deposit a sum of Rs.6.50 crores in the Registry within two

weeks from the date of receiving the said amount from the

builder/developer. Upon receiving the said amount, a written

intimation of the date of receipt shall be communicated to the counsel

for the petitioners. Once the Registry receives the said amount, the

same shall be placed in a FDR initially for a period of three years, to be

renewed thereafter from time to time, till further orders.

9. As and when the respondent No.3 attains majority, he shall be

entitled to approach the Court by filing an appropriate application for

seeking release of the said amount alongwith the interest accrued

thereon.

10. In acknowledgement and confirmation of the orders passed

hereinabove, the respondent No. 2 and her husband shall affix their

signatures on the order-sheet.

11. The interim order dated 27.03.2015 is vacated. The petition is

disposed of with liberty granted to the petitioners to approach the

Court in the event the respondent No.2 defaults in depositing the

amount as agreed upon and recorded hereinabove.

HIMA KOHLI, J AUGUST 24, 2015 rkb/ap