Madras High Court
M.B.Ravishankar vs M.B.Ganesh Rao on 7 April, 2022
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.04.2022
CORAM:
THE HON`BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
T.O.S.No.17 of 2010
M.B.Ravishankar ...Plaintiff
Vs.
1.M.B.Ganesh Rao
2.Maheswari
3.Nithyalakshmi
4.Padma Priyah
5.Anitha Priyah
(2 to 5 defendants are impleaded as legal
heirs of M.B.Ananda Rao as per order dated
31.10.2019 in Application No.6939 of 2019) ...Defendants
Prayer: This petition filed under Sections 232 and 276 of the Indian
Succession Act XXXIX of 1925 for the grant of Letters of
Administration. Against this petition a Caveat was filed on the 8 th day of
July 2009 by the July 2009. As per order of Court dated 26.02.2010 in
O.P.No.306 of 2009 the Original Petition is directed to be converted into
Testamentary Original Suit.
For Plaintiff : Mr.Beulah John Selvaraj
For Defendants : Mr.N.Senthilkumar for D1
Mr.T.L.Thirumalaisamy for D2, D3 & D5
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2
JUDGMENT
This petition filed under Sections 232 and 276 of the Indian
Succession Act XXXIX of 1925 for the grant of Letters of
Administration. Against this petition a Caveat was filed on the 8 th day of
July 2009 by the July 2009. As per order of Court dated 26.02.2010 in
O.P.No.306 of 2009 the Original Petition is directed to be converted into
Testamentary Original Suit.
2.The Original Petition in O.P.No.306 of 2009 was filed by
M.B.Ravishankar, the petitioner therein for grant of Letters of
Administration for the Will dated 23.11.2006 claimed to be executed by
his mother Mrs.Neelavathi. The respondent therein, viz., Ganesh Rao
filed a caveat opposing the said Will and grant of Letters of
Administration to M.B.Ravishankar/plaintiff. Thereafter, the Original
Petition converted into Testamentary Original Suit in T.O.S.No.17 of
2010. During pendency of the suit, the brother of the plaintiff and the
first defendant viz., M.B.Anand Rao, expired and his legal heirs viz.,
A.Maheswari, A.Nithyalakshmi, A.Padma Priyah and A.Anitha Priyah
were brought on record as defendant Nos.2 to 5.
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3.The lis between the plaintiff and the defendants pertains to 1/4 th
undivided share of the property owned by the mother Mrs.Neelavathi
Bai. Originally the property was purchased by Babu Rao, who is the
father of the plaintiff and the first defendant and late M.B.Ananda Rao.
The said Babu Rao died intestate on 10.04.1987 leaving behind 4 legal
heirs viz., B.Neelavathi, M.B.Ananda Rao, M.B.Ravishankar and
M.B.Ganesh Rao and they were each entitled to 1/4 share in the property.
4.The mother Neelavathi Bai, who became entitled to 1/4 share in
the property executed a Settlement Deed dated 08.02.2006 registered as
Document No.914 of 2006 before Sembiam Sub-Registrar Office in
terms of which she settled her 1/4 undivided share of the property,
equally in favour of her 3 sons viz., M.B.Anand Rao,
M.B.Ravishankar/plaintiff and M.B.Ganesh Rao/1st defendant. However,
the said Settlement Deed was unilaterally cancelled on 11.05.2006 by
Neelavathi Bai vide Document No.3812 of 2006, registered before
Sembiam Sub-Registrar Office, without the knowledge and consent of
the settlees viz., M.B.Anand Rao and M.B.Ganesh Rao. Subsequently,
Neelavathi Bai executed a Will dated 23.11.2006 bequeathing her 1/4
undivided share of the property to M.B.Ravishankar, the plaintiff herein
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alone, excluding other defendants. The first defendant has disputed the
Will as well as the alleged cancellation of Settlement Deed. Hence the
present litigation.
5.Heard Mr.Beulah John Selvaraj, learned counsel appearing for
the plaintiff, Mr.N.Senthilkumar, learned counsel appearing for the first
defendant, Mr.T.L.Thirumalaisamy, learned counsel appearing for the
defendants 2, 3 and 5.
6.After negotiation, the parties have entered into a Memorandum
of Compromise, which reads as follows:
a)The Neelavathi Bai was entitled to ¼ share of the
Babu Rao's property, hereinafter referred as “Neelavathi Bai
Property”.
b)That Neelavathi Bai property shall now be equally
divided as follows:
i)The Plaintiff (M.B.Ravishankar) shall be
entitled to 1/3 share of Neelavathi Bai property.
ii)The 1st Defendant, M.B.Ganesh Rao shall be
entitled to 1/3 share of Neelavathi property.
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iii)The Legal heirs of M.B.Anand Rao
i.e.Defendants No.2 to 5 are jointly entitled to 1/3
share of Neelavathi Bai property.
iv)The Plaintiff, the 1st Defendant and the Legal
Heirs of M.B.Anand Rao are already entitled to ¼
share each after the demise of their father Babu Rao.
v)Accordingly, now the Plaintiff and the 1st
Defendant are each entitled to 1/3 share of the entire
property that belongs to Babu Rao and the Legal Heirs
of M.B.Anand Rao namely the Defendants 2 to 5 are
jointly entitled to 1/3 share of the entire property that
belongs to Babu Rao.
c)That Plaintiff and Defendants hereby agree to sell the
property wholly and thereafter equally divide the sale
proceeds between i.e. Plaintiff, 1st Defendant and the Legal
Heirs of Late M.B.Anand Rao, the defendants 2 to 5.
d)The Plaintiff and Defendants shall look for a
prospective buyer either individually or jointly in order to get
the best marketable price for the entire property at the
earliest, after mutual consultation and understanding as the
case may be.
e)The plaintiff and the Defendants shall appear and
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represent the Sale Deed for execution and registration of Sale
Deed before the concerned Sub-Registrar's Office. In case,
any of the parties are unable to be physically present for
completion of the Sale transaction in full, due to health
reason or on account residing abroad, then the Sale Deed
shall be registered on the strength of duly executed Power of
Attorney by the party concerned.
f)That upon receiving their share of Sale proceeds by
the Legal Heirs of deceased M.B.Anand Rao i.e., Defendants
No.2 to 5, at the time of completion of the Sale transaction,
they shall pay Rs.1,00,000/- to the Plaintiff namely
M.B.Ravishankar on the same day or on which the amount is
released in the Bank, by way of cheque.
g)That upon receiving his share of sale proceeds by 1st
Defendant namely M.B.Ganesh Rao, he shall pay
Rs.1,00,000/- to the Plaintiff namely M.B.Ravishankar on the
same day or on which the amount is released in the Bank, by
way of cheque.
h)That Plaintiff agrees to cancel the Settlement Deed
dated 19.01.2011 registered as Doc.No.321/2011 in favour of
his wife namely R.Kamachi Bai and Will dated 23.11.2006
said to be executed by Neelavathi Bai shall not be given
effect.
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7.In view of the same, the Memorandum of Compromise is
recorded and accordingly, final decree is passed in terms of the
Compromise. The Memorandum of Compromise shall form part of the
decree. There shall be no order as to costs. Consequently, connected
applications are closed if any.
07.04.2022
Index: Yes/No
Speaking order:Yes/No
pam
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V.BHAVANI SUBBAROYAN, J.
pam
T.O.S.No.17 of 2010
07.04.2022
https://www.mhc.tn.gov.in/judis
