Bombay High Court
Loy Kenneth Dpenha And 3Ors vs Gwendoline Mary Oliveira And 2Ors on 24 December, 2025
2025:BHC-OS:26843
903-ia-3220-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.3220 OF 2023
IN
SUIT NO.4 OF 2018
Loy Kenneth D'Penha .. Applicant.
Digitally signed
by SMITA
SMITA RAJNIKANT
JOSHI
RAJNIKANT Date: In the matter between
JOSHI 2025.12.26
13:19:11
+0530
Gwendoline Mary Oliveria
d/o. Late Stainslaus A. D'Penha
& Others .. Plaintiffs.
v/s.
Loy Kenneth D'Penha
& Others .. Defendants.
Adv. Rohaam Cama with Adv. Sapna Rachure, for the Applicant and for
Defendant Nos. 1, 2 and 5 in S. No. 4 of 2018.
Adv. Darshit K. Jain i/b. s. J. Nagasri, for the Plaintiff in S. No. 4 of 2018
and for Defendant in IA.Adv. Arushi Ganshi, for Defendant No.3.
Adv. Udit Raghuwanshi, for Defendant No.6.
CORAM: FIRDOSH P. POONIWALLA,J.
DATE : 24th DECEMBER, 2025.
P. C:-
1 The parties to the present suit and their family members have arrived at Consent Terms dated 23rd December, 2025, which have been executed by the parties to the present suit and certain other persons who are family members but were not parties to the suit as originally filed. The said family members are added to the present suit as Defendant Nos. 5 and 6. The amendment be carried out forthwith, Re-verification is S.R.JOSHI 1 of 4 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:12 ::: 903-ia-3220-2023.doc dispensed with. Ms. Sapana Rachure for Defendant No.5 and Mr. Udit Raghuvanshi for Defendant No.6 undertake to file the Vakalatnama in the course of the day.
2 As aforesaid, the parties to the present suit have settled their disputes and differences and have executed Consent Terms which in turn refer to a Memorandum of Earlier Oral Family Settlement dated 23rd December, 2025 (the "said Memorandum"), which in turn had recorded the terms of an oral family settlement priorly arrived at between the family members and parties to the present Suit.
3 The Consent Terms are taken on record and marked as "X".
The Consent Terms are signed by Plaintiff No.1 through her Constituted Attorney Mr. Harold D'Penha [Plaintiff No.3 herein], the Plaintiff No.2 (a), Plaintiff No.3, Defendant No.1, Defendant No.2 through his Constituted Attorney Mr. Loy D'Penha [Defendant No.1 herein], Defendant No.3 and newly added Defendant Nos.5 and 6. Defendant No.6 has signed the Consent Terms and the said Memorandum through DocuSign, and has confirmed the same by personally appearing on Video Conference. The Consent Terms signed by Defendant No.6 through DocuSign are taken on record and marked as "Y" The Advocates for the respective parties have identified the signatures of their clients. The said Memorandum signed by all the parties, except Defendant No. 6 is taken on record and marked as Z. The said Memorandum, duly witnessed and signed by Defendant No.6 by DocuSign is taken on record and marked as Z-1.
4 By virtue of the present Consent Terms, the terms of the said
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Memorandum stand incorporated into the Consent Terms and are accepted by all the parties. Furthermore, the parties confirm the last Will and Testament of the late Maude Luiza D'Penha, dated 25 th November 2012, is that which is referred to in paragraph 2 of the Consent Terms, a copy of which has been annexed in the present proceedings at Exhibit-Q to the Plaint, which parties have accepted subject to modifications in Clause 7.4 of the said Memorandum. As the parties are Indian Christians and need not necessarily apply for probate, it is agreed between all the parties that the said Will stands duly confirmed as being the last Will and Testament and will be given effect to subject to the modification as per clause 7.4. of the Memorandum referred to hereinabove.
5 Defendant No.4 has issued a No objection Certificate ("NOC") and shall act upon the Consent Terms as well as the terms of the said Memorandum subject to the Rules, Regulations and Bye-laws of Defendant No. 4.
6 The Plaintiffs, Defendant No.1, Defendant No.2(a), Defendant No.3, Defendant No.5 and Defendant No.6 confirm that they have executed the present Consent Terms of their own volition and of their own free will and with full knowledge and understanding of the contents and consequences thereof.
7 The present suit is disposed of in terms of the Consent Terms.
8 All Interim Applications/Notice of Motion and any orders
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passed therein stand disposed of and vacated respectively as the present Suit itself stands disposed of in terms of the Consent Terms as set out above.
9 The undertakings and obligations set out in the Consent Terms which in turn incorporate the provisions and terms of the said Memorandum referred to hereinabove, are compositely accepted as undertakings given to this Hon'ble Court and shall be acted upon by the parties, as such.
10 There shall be no order as to costs.
11 Refund of Court fees, if any, as per the Rules.
12 All concerned to act on an authenticated copy of this order.
13 Parties are granted liberty to apply in the event of any difficulty in giving effect to the present Consent Terms and/or the terms of the said Memorandum as incorporated therein.
14 The Consent Terms and the said Memorandum (both sets of each) shall be uploaded along with this Order.
(FIRDOSH P. POONIWALLA,J.)
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Coram:- FIRDOSH P. POONIW
Q� I {t.r11-n 0
ALLA J.
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Date
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT N0.4 OF 2018 Gwendoline Mary Oliveira & Ors. . .. Plaintiffs Versus Loy Kenneth D'Penha & Ors. . .. Defendants CONSENT TERMS
1. The parties to the captioned Administration- cum-
Partition Suit are the children, daughter-in law and grandsons of late Maude Luiza D'Penha.
2. Late Maude Luiza D'Penha died on 18lh February 2014, leaving behind her last Will and Testament dated 25 th Novem.ber 2012, which was d uly registered (hereinafter referred to as "the Will"), which parties have accepted, subject to the modification in Clause 7.4 of the Memorandum of the Earlier Oral Family Settlement dated 23 December 2025 (the "said Memorandum").
3. The Plaintiffs filed the captioned Suit, inter alia disputing the said 'Nill, and seeking a partition of the Late Maude Luiza D'Penha's estate. The Salsette Catholic Co-operative Housing Society Ltd (the" said "Society), is also added as Defendant No. 4 in the said Partition Suit, as the dispute referred herein, pertains to immoveable property which is leased from the said Society.
4. Notice of Motion No. 2224 of 2018 filed by the Plaintiffs and Interim Application No. 3220 of 2023, filed by 1 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:12 ::: Defendant No.1 are also pending in the captioned Suit, seeking certain interim reliefs, inter alia in respect of Flat No. l on the Ground Floor of the building known as "Maudestan" situated at 2/2A D'Monte Park Road, Bandra (West), Murnbai-400050.
5. Defendant No. 1 is currently in possession of the said Flat No. 1, in his capacity as trustee for t he estate of the late Maude Luiza D'Penha including pursuant to an order of this Hon'ble Court dated 6th January 2023 passed in Interim Application (L) No.40085 of 2022 .
6. During the pendency of the c aptioned Swt, the parties have resolved their disputes and have arrived at an amicable settlement on the terms recorded m a Memorandum of Earlier Oral Family Settlement dated 23rd December, 2025 (hereinafter the "said Memorandum"), v,rhich in turn hc:.d recordE:d the �erms of an o.;:al Fanrily Settlement, which had priorly been arrived at.
7. The Plaintiffs agree and confirm that the Will which is subject matter of the said Suit is the g en uine last Will and Testament of late Mrs. Maude Luiza D'Penha, and the same is being given effect to: subject to the modifications in Clause 7.4 of the said Memorandum .
8. Parties acknowledge that the said Will subject' to the modifications in Clause 7.4 of the said Memorandum and Memorandum (read together) fonn an integral part of the Consent Terms, and shall be treated as incorporated 2 . . -
::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:12 :::herein. Capitalized terms used but not defined herein, have the m eaning ascribed to such terms under the said Me1norai1.d u m.
9. The Memorandum Parties (defined below) who are not parties to the Suit, but have executed these Consent Terms i.e. Michelle D'Penha and Erika Oliveira, are to be impleaded in the said Suit as Defendai1t No. 5 ai1d Defendant No. 6, respectively, for the sole purpose of enabling all parties to enforce the Consent Terms a nd the order of this Hon'ble Court, disposing of the said Suit and Notice of Motion No. 2224 of 2018 and Interim Application in terms of these Consent Terms.
,
10. The Parties to these Consent Terms and the said Memorandum confirm, agree and undertake to take the actions listed at Annexure-H of the said 11emorandum, which will t-ake effect upon filbg cf these Con.Je-;.tt Te.:ms;
and upon disposal of the captioned Suit by an order of this Hon'ble Court passed in terms of these Consent Terms .
11. The parties to these Consent Terms and the parties to the said l'v1emorandmn (Memorandum Parties") shall also comply with their remaining obligations as further detailed in the said Memorandum.
12. Subject to the imple mentation of the present Consent Terms, parties agree and confirm that they have no claims against one another and that all allegations against one another s-Land withdrawn.
::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:12 :::13. The Plaintiffs agree and acknowledge that the allegations against the D efend ants (including the said Society), including in this Suit, and all/ any Applications, Affidavits filed in this Suit and any/ all legal proceedings and correspo ndenc e in connection therewith, also stand waived, abandoned. and withdrawn .
14. It is further agreed the Defendant No. 1 shall remain the sole executor of the Will, which willbe executed subject to the modifications in Clause 7.4 of the said Memorandum.
The parties to the said Suit:
a. confirm that they have no grievances aga inst any action taken by Defendant No. 1 and subject to com.pliance with these Consent Terms, they undertake not to raise such grievances.
b. undertake to lay no claim to any property, investment or. �ssets that are held by Defendant No.1, his wife Shirley, and/ or his children Kevin D'Penha and Michelle D'Penha, pursuant to the said Memorandum and these Consent Terms, subject to compliance with these Consent Tenns.
15. In lieu of the mutual commih11ents in Gause 1 and Clause 2 of the said Memorandum, those of the parties hereto, who had earlier disputed the bequest of Flat No.1 to Michelle D'Penha vide the Partition Suit and in their Affidavits filed in the Interim. Applications fiJed by Defendant No.l, confirm that they neither have laid any claims, and all the parties hereto undertake that they shall not, in future, lay any claim with respect to said Flat No. 1, 4 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:12 ::: which has been solel y bequeathed to Michelle under the Wm, as confirmed by the said Memorandwn. The Parties Michelle D'Penha' s ownership th ereof, and hereby hereto withdraw all claims relating to the said Flat No. J and the undispu ted ben efici ary of Flat No. 1 under the said confirm, agree and acknowledge that Michelle D Penha is ' Will.
16. The parties agree, declare and confirm that t hey shall re qu es t this Hon'ble Court to reserve a liberty to apply in t he event of any difficulty or breach in giving effect to the present Consent Terms.
17. All authorities, Tata Power, tax authorities, Brihanmumbai Municip al Corporation, and other entities are requested to act in accordance with these Consen t Terms.
18.. All third parties, includi ng . the Sal.set te Catholic Cooperative Housing Society Ltd be directed to take on record and approve, the application of the Plaintiffs and to the Share Certific a te No.72 for 10 (ten) shares of Rs.50 Defendant No. 1, for the addition of names of the Plaintiffs (fifty) each (D istincti ve Nos.711 to 720, both inclusive) of the said Society ("said S h are Certificate") to be included along w it h the existi ng nam.e of the Defendant No. 1 on the ' s aid Share Certificate, subject to adherence to the said Society Bye-Laws.
19. It will be reques te d that all undertakings and obligations in these Consent Terms be ac cepte d as undertakings to the Court.
5 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::20. The Parties agree that the Partition Suit No. 4 of 2018 and the Interim Application and Interim Application No. 3220 of 2023 may be disposed of, in terms of the present Consent Terms, with no order as to costs.
Dated this 23nd day of December, 2025 Gwendoline Mary Oliveira Plaintiff No. 1 Through her Constituted Attorney � Harold D1Penha §, :f J{�MSV:, .
S. J. Nagasri Gionelli Valentina Gertrude D'Penha Advocate for the Plaintiffs
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Jiff� Plaintiff No. 2 "'I ai� .
Harold D'Penha Pl Loy D'Penha Defendant�,£_...
8� Sapana Rachure 6 f wfl .
::: .Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::Kevin D'Penha Advocate for Defendant Nos. land 2, Defendant No. 2 Through his Constituted Attorney Loy D'Penha Sean D'Penl1.a Defendant No. 3 Advocate for Defendant No.3 'O� Michelle D'Penha Defendant No. 5 �'� o/J� ..
Sapana Rachure Advocate for Defendant No.5 Erika Oliveira Defendant No. 6 A vocate for Defendant No.6 ...
7 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::Docusign Envelope ID: 587530A5-BDOA-46B4-B708-8E9D97DOF38A Kevin D'Penha Advocate for Defendant Nos. 1and2, Defendant No. 2 Through his Constituted Attorney Loy D'Penha Sean D'Penha Defendant No. 3 Advocate for Defendant No.3 Michelle D'Penha Defendant No. 5 Sapana Rachure Advocate for Defendant No.5 Erika Oliveira Defendant No. 6 Advocate for Defendant Erika No.6 7 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: BW 100040 ��.���.� q.fct$. Coo o o 9 � 1l'""FEB 2023 L GE1'iERALPOWER OF ATTORl'f.EY.
mrow ALL MEiiBY THESE PRESENTS, that L _.
MRS.GWENDOLINE OLIVEIRA aged about 78 yea.rt; Canadian • �e c National of!ndian Origin. residing at Canada. at 117.INGRAM ROAD. ..
MARKHAM,ONT.L3S4E2, CANADA (hereinafter referred to as ...
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.· ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: ) WHEREAS, the Erccutant is the absolute owner of the at Maudestan Extension. 31'1f Floor. 2/2A, D' Monte Park Road. Bandra Wes4 Mumbai-400 050, ( hereinafter referredto as ·srud _6.
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flatj.
.
WHEREAS the .Ex:ecutant is also 1egal heir and successor .
of the pmperty situated at Maudestan Ext:ensi� 3td Floor,. 2/2A, (old :
Nos. 194/195) D' Monte Park Road. Bandra West. Mumbai-4-00 050, Which is under process of family settlement.
WHEREAS the E.'reCtltant is residing at 117, INGRAM ROAD, MARKHAM,ONT.L3S4E2, CANADA, hence, it is not feasible to attend day to day to day affairsoftbe above •srua Flat"' along with Cases pending before Bombay High COurt being Su.it No.4of2018 and SmallCauses Court RA.E- Suit No.238/515 of 2008 at Ba:ndra pertaining to "Maudcstan"' "Maudesta.n Extension"' along with land and Building.
AND WHEREAS it bas become absolutely just, proper and necessaryto appoint some suitable person/s in India to protect tne and my interests in the above •said fla� as wellas the settlement of p.operty situated at Maudestan Extension, 3rd F1oor, 2/2.A, {old Nos.
194/ 195) D' Monte Parle Road, Bar,dra West, Mumbai-400 050.
�esirous to appoint her own
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AND WHEREAS the Executantis
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brother na."!lely �- HAROLD CHARLES D'PEBBA fndian >;�.J1Westr � residing at Maudestan-2, . ·/�efj! �EfS · 1 . �- -
�·i M';lIDbai-400 050, as her lawful CONSII'IOIED ATTO • Who is wellconversant with the facts and is capable �o handle tbe � -
< above mentioned requirements in my absence. Hence the above
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said Attorney is hereby authorised to do the following acts. deeds and things in connection with the above saidproperty(s.. �-:.:.,,,
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1). 'To engage or appoint any legal practitioner or advocate to appear
for me to conduct cases in J-figh Court of Bombay, SmallCau �O
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court. and a..."ly other Courts in Mumbai Collectors Office,
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Tnbunals. Judi cial /Quasi.Judicial Authorities etc.. .. . l
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of. applications,affidavits, Consent Ter.ms,
2). To sign. verify and file Written Statement, affidavit, consent to submit allkinds viharsoever to the concerning office, departments, Couns on my� behalf to present before the c.:mcenring authorities to give statement oral/writing on my behalf, to sign on C.'Very necesS<;tl)' � r; ....01· writing. To accept fJJld/or take delivery on my behalfall (� correspondence, and communications arldress...""<i to me including ··�.. .
�� registeredletters� noticejs and coun su::i:�ons, and also correspond o n my behalf with any pcrson js.
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3).
' &c To prepare and p resen t to the court applications in connec tion with any proceedings in the suit.
4). To produce or receive a:;.y documentary ev}dence.
S). To prepare and .file CDmpromise or concession and t o refer the case
to arbitration.
To deposit or wi thdraw money for the .PUJJ>Ose of any proceeilings, To file application for execution of a decree or orrler passe d in the said suit and to -sign and veri.1)1 su ch application.
To receive any money due to me under such decree oror der and to certify payment w the court.
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To,J piy for inspection o( records and proceedings ,...'4ies of documents and papers , and to obtain l 0). To Iet out on Leave and license basis our fiat at Maudcstan E.'ttension, 3rd F1oor, 2/� D'Mon1e Parle Roa� Bandra We� Mumbai-400 050, on. such terms and condii t ons as my aforesaid Attorneys deem fit.
To recciY'c.Compensation an my behalf and issue valid roceipt/s for the same.
To find proper Licensee for the said Flat. negotiate the
teims of Leave and License.
13}. Receive interest freesecurity deposit and monthly compensation.
ei:t.her by way of cash. cheque. d emand draft and pay order on my Q->_half and in my name, and also isstle receipts for security deposit and monthly compensation.
The amount rc:ce:Nedby the Licensee shallbe depositro .in my bank account .
15). To take inspt.>ctionof the said premises. Return. the deposit. In case of pre-mature temrination oftbe agreement.
16). To attend allsociety meetings, pay society Maintenance and other allied work required for maintaining the above said flat. To make any kind of construction, alterations, repairs , additional construction etc. in tbe said !lat, to maintain.allkinds of connections such as Electric , water, power, flusb, to dej,osit any securities. thereof and take back the same as and when .requinxl � CamScanner·� Scanned with
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"'\ 17}. To appear before any Registrar or Sub- Regisuar of .
Assurances, Competent Authority in Mumbai or any orb.er place in India and to present /lodge the Agreement in respect of the said flat for registration and to admit e::tecution thereofand to take all necessarystep.5for registering the sal9 document of Leave and License agreement on my behall
18). To file any kind of civil/criillinalS'Wt or suits against others on my behalf, to contest the same iffiled by olhe.rs against.me.
to file any Jcind of rev.is:ion, writ, appn .Zl from the lower court ..
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up to the highest court ofAppellate Jurisdiction, to apply for . ,,
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the grant of No OQjection Certificate, m obtain the same under � u.l ��� ms/their own signatures.
�' l 19j_ To sign authenticate and file our Income Tax returns under the Income Tax Act. To attend and represe.!lr our lncome Tax (;\o;
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matters before any Officials of the Income Ta� department and ,�Of>""H fum:isb .information and particulars as may be requi;-ed by such authorities. iJ
20)- To invest my funds in any scheme of Unit Trust of India, '.l;'J 0� � ICICI,IDB!,HDFC, or any investment Schemes in terms of ?>e�1)'� Ct:> 01�1
-4' �?t·�::O� Q Sec.54EA/54EB ofthe Income Ta:s- Act. .And also invest the Deposits� Debe.Drnres of E�:> funds in CoIIlJ)any Deposits • Bonds, and ?'> .
Companies, LIC of India. Company Shares, Bank Fm:d .Mutual Funds. and in such investments as the said Attomes -
rleems :fit and obtain relaant statements, refunds, claims and benefits from the respective Companies , Banks and other :institutions and represent me on my behalf _concerning investments.
21)- Generally ro all other .kind offonnalities, acts, deeds and things, in connection -;vi$ above said portion ,even ifthe same 5 1 iJ CamScanner·:
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Ta:IS D� OF Gli2i'EP..AL POWER OF ATTORNEY shallbe vcilid thought fadia , up to the Hon' bJe Supreme Court of India.
IN Wl.t'NESSWHEREOF l, the Executant bave signed thls deed of GfiltEP.AL POWER OF A�RNEY on this 18tb day of Februar.r,2023, at India. Mumbai, Signed, Sealed and delivered by the w!thin. nc.r::ied MRS.G\l/f21DOLIUE OLIVEIRA) the &ecutcnt above named in ) , ,--{\. -
the presence of ............ ............ ) � M.RS.GWENDOLIN.E OLIVEIRA.
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\ ., # GENERAL POWER OF ATTORNEY KNOW All MEN BY THESE PRESENTS that I, KEVIN GORDON O'PENHA of Mumbai Indian Inhabitant, permanent resident of Maude.stan, Plot No. 194, Ground Floor, 2 O'Monte Park Road, Sandra (West), Mumbai 400 050 hereby nominate, constitute and appoint my parents, MR LOY KENNETH O'PENHA (Father) / MRS SHIRLEY O'PENHA (Mother).
residents of "Maudestan", 194 (2/2A) D'Monte Park Road, Sandra {West), Mumbai 400 050 as my Attomey/s Uointly o r severally) for me and in my name and to act for me and on my behalf and execute all or any of the acts and things as follows :
1. To receive, accept the transfer of, demand, sue for, enforce payment of and give receipts and discharges for all sums of money, securities I for money, debts, legacies, shares, annuities, dividends, interest and other properties now due or belongin.g or which may hereafter Page I ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: CHALl.AH -
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20;6-W17 One Time fl.tUBlock No. ft.AT N0-2. BI Accounl lkad Oct.lib Amount In Rs. PrcmlU$/!lulltffna ?HSGSOCL ()))))(�I Slit cl II�! Slam:> �0000 Road/Strnet 22•6. ST A.'IC lo la Artalloahty MUMBAI Town/Clty/Oislrict Pltl ( Rom�<!<� (I• •11y) I PA.IQtMCPD!223G-Secc lOY oPENHAAND MRS S Amount In foe Hurclrtd ROJpees0� Tobi &>OOO Words Paymfftt o.u;is CORPORATION BANK FOR USE IN RECEMNO Cheqlle-00 Detail. �kCIN IRfFNo 03502332016051800 �..6'00No Dale 1&'1)�.1016·15'35 00 lu.":'ltdBan: Bank-� CORPORATION 0» Ha.�dBial'ICll ScrollNo • Oa!e Nr1 Ver&ed wt!llSen ,, ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: become due or belont t o me whether solely or jointly with any. other person or persons.
2. To bring or defend any action or other proceedings. in respect of or affecting my estate or any part thereof inter alia more particularty described in the Schedule hereunder.
o settle, compromise or submit to arbitration all accounts. claims iid disputes between me and other person or persons.
To receive and to reply to notices, lette�. communications etc. from ..-arious Authorities including the Salsette Catholic CHS Ltd, Tracy Court Flat Owne� Association, Gul Palace CHS Ltd and to apply for extension of time.
S. To sign and submit applications for refund of tax. Returns o f Income under the Income Tax Act, other Returns and forms on my behalf under any other Act or Acts, eg. The Wealth Tax Act, the Gift Tax Act, the Expenditure Tax Act, the Estate Duty Act, etc.
6. To appear before any or all Offkers, Appropriate Authorities, Tribunals, C.ourts, etc. in respect of any or all proceedings under the respective Acts and to make submissions as required and to produce accounts, documents and other evidence or cause the same to be produced by� or otherwise.
7. To apply for, receive and retain copies of Returns, Assessment Orders and other papers which they may require.
8. To sign and submit Appeals under relevant Sections of the respective Acts.
9. To appear before the Appellate Assistant Commissioner and Inspecting Assistant Commissioner or any other Officer under the ..
respective Acts including the Income Tax Act, as and when necessary ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: �I to make submissions before them and to produce or cause to be produced documents, accounts, evidence, etc. in respect of the pr oceedings before the said Officers under any of the relevant � �:, .:� p,; O. To sign and submit Appeals to the Appellate Tribunals / Courts etc. Sections of the respective Acts.
:: �� · ·..'. ...... /.
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· """. under the respective Acts. To appear before soch Appellate Tribunals \ • ·-
Courts etc. as and when necessary, to make submissions before ' · them and to produce or cause to b e produced documents, accounts, evidence, etc. in respect of the proceedings before the Tnbunals / Courts eb:.
11. To apply for, receive and retain copies of the Orders passed by the Appellate Tribunals/ Courts.
12. To appear before any or all Registrars I Sub-Registrars, Commissioners of Income Tax, Commissioners of Wealth Tax, Commissioners of Expenditure Tax and other Commissioners as and when necessary and to apply for, receive and retain copies of Orders To submit Refund Applications and to receive Refund i n their own passed by them.13.
names for amounts of Refund granted.
14. To do all that is needful in respect of all proceedings under the respective Acts which I can do.
15. This authorisation will also hold good for all proceedings and for doing everything that I can do in respect of all details stated above for all proceedings pertaining to Income-Tax, Wealth Tax, Expenditure Tax and all other taxations and will apply to all matters for the previous years, to the current and for the future years also and will remain in force until it is duly terminated.
Pn�c3 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::
16. To appoint and/or authorise any Chartered Accountant{s) and/or Lawyer{s) and/or Advocate(s) and/or any professional expert or any other person to appear on my behalf before one or more of the Authorities I Courts/ Registrars on anv matter concerning my properties and to make submissions before them and to produce or cause to be produced documents accounts, evidence etc. in respect of the proceedings before any of the Authorities I Courts I Registrars under any of the relevant sections of the respective Acts.
. To enter Into any leave & Ucens-e Agreements I Sale Deeds I Agreements I Contracts in respect of my various properties or pu�hase properties (singly or jointly with my mother Shlriey D'Penha / fath�r Loy D'Penha) Including Flat No. 2, Block C, Gul Palace Co-
I operative Housing Society Ltd., 244·8, St Andrews Road, Bandra . West. Mumbai 400050 on my behalf, and to perform and carry into effect any Agreement I Sale Deed/ Contract, leave & Li�ense I Agreement etc. with any other person or persons including Ms I I Verona Femandes.
18.To invest or withdraw (including premature withdrawal) of any of my monies in any Bank, Financial Institution (including Fixed Deposits) as my Attomey/s may in their absolute discretion think fit with power from time to time to vary any investments and pending such investment to deposit any of my monies upon such rate of interest etc. at any Bank,ls /financial institutions etc.
19. In my name to operate any banking account in any Bank In my single name and or jointly (Including my Savings Sank Account No. 00161000130642 with HDFC Bank. Savings Bank Account No. 2090052000023394 with Citizen Credit Co-operative Sank., Savings Bank Account No. 020110100000917 with Model Co-operative Sank and NRE' Bank Account No. 006313110000422 wfth Bank of India), ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: including Public Provident Fund Account or accounts exi.sting or otherwise and to open and operate any fresh banking account/s and to endorse and sign any cheque, draft and dividend or interest warrants, etc.
20. To purthase I encash I avail loans and/or sell stocks, shares, bonds, Units, foted deposits or public loans, debentures and other securities and for the purposes afore.said to sign and execute all Transfer Deeds, Documents, Public Fixed Deposits or Public loans,, Renunciation Forms and othe.r instruments n ecessa ry or proper for transferring any such Stocks, Shares, Units, Bonds, Debentures and Securities to my ..
name either solely or jointly with any other person or persons and to ·.
accept the transfer of any Shares, Stocks, Units, Bonds, Debentures and other Securities of whatsoever nature which shall or may at any time hereafter be transferred to me.
21. In my name to sign and execute any contracts, transfers, leave & license Agreements, Sale Deeds, purchases, mortgages and instruments whatsoever in connection with my properties / flats purchased or proposed to b e purchased in my single name or jointly with others including Flat No. 2, Block C, Gut Palace Co-operative Housi ng Society Ltd, more particularly described in the Schedule hereunder.
22. To toncur with any other interested person/s in executing and doing any of the Instruments, acts and things hereinbefore mentioned.
23. To endorse, sign, recover, receive and give effectual receipts and discharges for monies due under Government of India Relief Bonds, Units, Fixed Deposit Receipts, National Savings Certificates, Insurance Policies, National Savings Scheme, Public Provident Fund {PPF), Debentures, Mutual Funds, etc. held by me either solely or jointly Pai;c S ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: with other person or persons with any Bank or Bankers, Joint Stock Companies, Firms, Unit Body or Government Body.
24. To Invest monies in Banks, Shares, Securities, PPF, Post Office Certificates, Unit Trust of India, Reserve Bank Treasury Certificates, Debentures, and to vary the Investments from time to time and to sell any o r all of the investments. To open, operate and/or close / premature withdrawal any Bank Account, Fixed/Short or Call Deposit Account, Public Provident Fund Account, National Savings Certificate either single or joint with any Scheduled or Non-Scheduled Bank including Citizen Credit Co�perative Bank Ltd, Model Co-0perative Sank Ltd, HDFC Bank and Bank of India.
25. To sell/ negotiate, enter into Sale Deeds I Agreement I give on leave and license etc any of my properties/estate including movable I immovable properties more particularly described in the Schedule hereunder proposed to be purchased in my name or any part thereof of my properties at a price/consideration agreed to by my Attorneys.
To receive the price / conslderation thereof and to grant receipt or effectual discharge for the same, and to execute and get registered leave and licence Agreements, sale deed/s and other transfer deeds necessary to complete the sale and tran�fer etc thereof.
26. To sign all papers and execute all documents pertaining to Sale Deeds I Leave & lice n s e Agreements/ contracts/ Agreements of properties proposed to be purch.ised by me including Flat No. 2, Block C, Gul Pa�ce Co-operative Housing Society Ltd. and for the said purpose to register such documents/ deeds e.tc with the appropriate Authorities I Registrar as also to admit the execution of the documents executed by me and all other incidental and ancillary papers pertai nin g to the said documents and lodge the said documents for registration and t o appear before the Registrar / Sub-Registrar o f Assurances o r any 1'�6 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: other authority and sign all papers registers, documents in the said offtees that may be required or necessary forthe said purpose.
27. To e)(ecute and sign all such deeds (including Sale Deeds) / Agreements I Contracts, leave and License I lease as shall be ' .
.' required or may be deemed proper for or in relation to all or any of . .':'.
.. .. \\_
•\ the matters or purposes aforesaid or hereafter appearing including
registering such Sale Deeds / Agreements / Contracts I Leave & license Agreements with the Appropriate Authorities concerning my properties more particularly described in the Schedule hereunder.
.To appear for and represent me befure all Municipal Bodies, Tracy Court Flat Owners Association; Bardez, Goa, Gul Palace CHS Ltd, Sandra West, Mumbai 400050, Salsette catholic CHS Ltd, Sandra West, Mumbai 400050, City Survey Office, Talati Office, R egistrar or Sub Registrar Off1ee or any appropriate authority and to do all acts, deeds and things which my attorneys shall consider necessary for registering I purthasing I letting out properties, including correspondence, as fully and effectually in all respects as I could do the same myself.
29. To institute, defend and prosecute, enforce or resist any suit or other actions and proceedings, appealS in any Court anywhere within l.ndia of my properties including properties proposed to be purchased by me af\d for the aforesaid purpose to execute warrant of attorney, .
vakalatnama, to act.:and plead, to sign and verify plaints, written ,.
•:
statements, petitions and othe·r pleadings, Including Writ Petitj<?ns . .....
..
-� and also to present any Memorandum of Appeal, to accept sumrrioris, notice and other legal processes, enforce judgement, ex&Ute any decree or order, to appoint and engage on my behalf pleaders, ...
attorneys, counsels, etc. P:ai!C 7 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::
30. AND generally to take possession of all my properties of every kind and to retain to account, charge, sell and realise the same a nd otherwise to act in relation to my estate and affairs as fully an d effeetually in all respects as I could act myself.
AND I, the said KEVIN GORDON o•PENHA, hereby agree and undertake to ratify and confirm all and whatsoever my Attomev/s or any substitute or agent appointed shall lawfully do or cause to be done by virtue of these presents.
IN WITNESS WHEREOF I the said KEVIN GORDON P'PENHA have 1_. day of May 2016.
hereunto set and subStribed my hand and seal at Mumbai this
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SIGNED, SEALED ANO DELIVERED
By the said KEVIN GORDON D'PENHA
in the presence of:
BEFOR E �
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SCHEDULE
1. Ground Floor Flat at "Maudestan", situated at 194/195 (2/2A}, O'Monte Park Rood, Bandra West, Mumbai 400050, bearing CTS No. C/599.
2. Flat No. B-4� Tracy Court Flat Owners Association, 5odders Tracy Court, Bamon Vaddo, candolim, Bardez, Goa.
3. Flat No. 2 Block C, situated at Gul Palace Co-operative Housing Society Ltd, 244-B, St Andrews Road, Bandra West, Mumbai 400050, v is-A-vis Share Certificate No. 28 with shares numbered 136 to 140.
...
::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::;ffc:oftillitiq;J EnroUment No.: 0000/00528/50904 To •.rerd't=i -48 .Ji).tJ<rn Gwendoline Mary Oliveira Mauaes1an hlension 3rd Ftoor.
2 O Monte Park Road.
VTC: Sandra. PO: Bandra West.
Disltict· Mumha1 Suburban.
Staie: Maharashtra.
PIN Cede 400050.
Mobile: 9920989597 ll llllBlllHHlllflllllllllMH KI1158213S9FE 3frt«irr .mtiiz SfiAiCfl I Your Aadhaar No. :
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•-ii!:�''!lli'.ll� I Enrollment No 1067/11 005/00433 To, m:.if.r:ft'rr',.fm;� frRJ Gionelll Valentina Gertrude Openha W/O. Hugh Joseph Openha � � Maudeslan 2 Omonle Park Read e Mumbai � Sandra West Mumbai Mumbai Maharashtra 400050 9821 194002 1111 m111m mim�1 !n urn111�m�m�1111 u11m111 Ref 100 I050 I 147955 1 1 48168 / P SH341950082DF \3WIBT � � / Your Aadhaar No. :
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::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::
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Unique Identification Authorityof1ndia S/O: @l�h>itfi TSQa-$1, Ji1gRllrl, 2 fSCH)a-� � Us. ait tte=nr Address: S/O: Stanislaus Dpenha, Maudestan, 2 Omonte Park Road, �� �. �. � �.
Near Sandra Gymkhana, Mumbai, Sandra West, Maharashtra.
Ji�HI�. 400050 400050
9340 7003 1 760
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-;; Add<ess: StO Stanny Dpenha. OPP. CASA MA R IA BUILDING. MAUDESTAN, 194 � O'MONTE PARK ROAD. Sandra (West), Mumbai. Maharashtra. 400050 7366 5858 931 3 � [email protected] .. S www.utdal.gov�ln ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: ® I *3ITcrT ancfi01 5q�1 ....
Sean Gavin Dpenha DOB: 24-10-1977 Gender: Male ���-�iftlq;(Oi Rm��NDIA-
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cdl+ttif/311$1)'iricr: � � Sjo: Harold Charles Dpenha, 2 1�1. 2 Q't\t:t qN;�5.. � Dmonte Park Road, Ext �"'�critm, �' ��. �u�stan. Bandra West MumbaL �. � '4&fllf&Ci,400050 B'andra West, Mumbai, Mumbai, • • .:> Mabarashtra, 400050 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: ci:tl(d �(Cf)I( ur.i �M14 JF'-L(.1.Q . � p. nf.ir;U.lnn qthnriLu "f India Government of India .
ii • ;;Pl• J'lt "lI if.+f'IT./ Enrolfment No 1 2 1 6/01109/1 1904 To.
<n,;q �·� M1�hefle D' Penha 010 Loy ::r Penha § "' Maudestan 194. O'monle Pali< Road e Bandra 1Wes1) Mumbai Maharash!ra 400050 "' 'm� !l[J lml�ll �n �I E� �mr�1111111l�I �l�l[�II Re' 488 1 03F • 308134 I 309386 / P UE5434964611N 5677 7864 8478 � tll"fl;<q fliOi(il'cH �Cbl{ .
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· · - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �- - · i\ �� GOVERNMENT OF INDIA Michelle D' Penha ';\"""'!;M I Year of 81nh 1984 >iiI Female
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.ER IKA OLIVEIRA ( OCI with Signature) ·. .
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::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: 4IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 4 OF 2018 Gwendoline Mary Oliveira and ors. . . . . . Plaintiffs Versus Loy Kenneth D Penha & ors . . . . . Defendants ' CONSENT TERMS Dated this 23rd day of December, 2025 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: Coram :. FIRDOSH l'{) o. f(<:_ £.
P. POO NIW Dc..cusign Envelope ID: 68D732F7-8613-4C9E-9D69-C615273934E8 Date :- ALLA J ri_ � f I� '2ef)_ S · IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CML JURISDICTION SUIT N0.4 OF 2018 Gwendoline Mary Oliveira & Ors. . . . Plaintiffs Versus .. Loy Kenneth D'Penha & Ors. . . . Defendants CONSENT TERMS
1. The parties to the captioned Administration- cum-
Partition Suit are the children, daughter-in law and grandsons of late Maude Luiza D'Penha.
2. Late Maude Luiza D'Penha ctied on 18th February 2014, leaving behind her last Will and Testament dated 25th ....
November 2012, which was duly registered (hereinafter referred to as "the Will"), which parties have accepted, subject to the modification in Clause 7.4 of the 23 December 2025 (the "said Memorandum"). Memorandum of the Earlier Oral Family Settlement dated
3. The Plaintiffs filed the captioned Suit, inter alia disputing the said Will, and seeking a partition of the Late Maude Luiza D'Penha' s estate. The Salsette Catholic Co-operative Housing Society Ltd (the " said "Society), is also added as Defendant No. 4 in the said Partition Suit, as the dispute referred herein, pertains to immoveable property which is leased from the said Society.
by
4. Notice of Motion No. 2224 of 2018 filed by the Plaintiffs Interim Ap plication No. 3220 of 2023, filed G:' and 1 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: Docusign Envelope ID: 6BD732F7-8613-4C9E-9069-C615273934E8 Defendant No.1 are also pending in the captioned Suit, seeking certain interim reliefs, inter alia in respect of Flat No.1 on the Ground Floor of the building known as "Maudestan" situated at 2/2A D'Monte Park Road, Bandra ryvest), Mmnbai-400050.
5. Defendant No. 1 is currently in possession of the said Flat Maude Luiza D'Penha including pursuant to an order of No. 1, in his capacity as trustee for the estate of the late Interim Application (L) No.40085 of 2022 . this Hon'ble Court dated 61h January 2023 passed in
6. During the pendency of the ca·ptioned Suit, the parties a have resolved their disputes and have arrived at an am.lcable settlement on the terms recorded in Memorandum of Earlier Oral Family Settlement dated 23rct December, 2025 (hereinafter the "said Memorandum"), which in turn had recorded the terms of an oral Family Settlement, which had priorly been arrived at.
7. The Plaintiffs agree and confirm that the Will which is subject matter of the said Suit is the genuine last Will and same is being given effect to, subject to the modifications Testament of late Mrs. Maude Luiza D'Penha, and the in. Clause 7.4 of the said Memorandum .
8. Parties acknowledge that the said Will subject to the Memorandum (read together) form an integral part of the modifications in Clause 7.4 of the said Memorandum and Consent Terms, and shall be treated as incorporated 2 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: Oocusign Envelope 10: GBD732F7-8613-4C9E-9069-C615273934E8 herein. Capitalize d terms used but not defined herein, have the meaning ascribed to such terms UJ.1der the said Memorandum.
9. The Memorandum Parties (defined below) who are not parties to the Suit, but have executed these Consent Terms i.e. Michelle D'Penha and Erika Oliveira, are to be impleaded in the said Suit as Defendant No. 5 and Defendant No. 6, respectively, for the sole purpose of enabling all parties to enforce the Consent Terms and the order of this Hon'ble Court, disposing of the said Suit and Notice of Motion No. 2224 of 2018 and Interim Application, in terms o f these Consent Terms.
10. The Parties to these Consent Terms and the said Memorandum confirm, agree and undertake to take the actions listed at Annexure-H of the said Memorandum, which will take effect upon filing of these Consent Terms, and upon disposal of the captioned Suit by an order of this Hon'ble Court passed in terms of these Consent Terms.
(Memorandum Parties") shall also
11. The parties to these Consent Terms and the parties to the said Memorandum comply with their remaining obligations as further detailed in the said Memorandum.
12. Subject to the implementation of the present Consent Terms, parties agree and confirm that they have no claims n1 t•I against one another and that all allegations against one G another stand withdrawn.
3 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::Docusign Envelope ID: 6BD732F7-8613-4C9E-9069-C615273934E8
13. The Plain tiffs agree and acknowledge that the allegations against the Defendants (including the said Society), including in this Suit, and all/ any Applications, Affidavits filed in this Suit and any/ all legal proceedings and correspondence in connection therewith, also stand waived, abandoned. and withdrawn.
14. It is further agreed the Defendant No. 1 shall remain the sole executor of the Will, which will be executed subject to the modifications in Clause 7.4 of the sajd Memorandum.
The parties to the said Suit:
a_ confirm that they have no grievances against any action taken by Defendant No. 1 and subject to compliance with these Consent Terms, they undertake not to raise such grievances.
b. undertake to lay no claim to any property, investment or assets that are held by Defendant No.1, his wife Shirley, and/ or his children Kevin D'Penha and and these Consent Terms, subject to compliance with Michelle D'Penha, pursuant to the said Memorandum these Consent Terms.
15. In lieu of the mutual commitments in Clause 1 and Clause 2 of the said Menwrandum, those of the parties hereto, who had earlier disputed the bequest of Flat No.l to Michelle D'Penha vide the Partition Suit and in their Affi davits filed in the Interim Applications filed by Defendant No.1, confirm that they neither have laid any claims, and all the parties hereto undertake that they shall ltlDI not, in future, lay any claim with respect to said Flat No. 1, G 4 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: DoCusign Envelope ID: 680732F7-8613-4C9E-9069-C615273934E8 which has been solely bequeathed to Michelle under the Will, as confirmed by the said Memorandum. The Parties hereto withdraw all claims relating to the said Flat No. 1 and Michelle D'Pe11ha1 s ownership thereof, and hereby confirm, agree and acknowledge that Michelle D'Penha is the undisputed beneficiary of Flat No. 1 under the said Will.
16. The parties agree, declare and confirm that they shall request this Hon'ble Court to reserve a liberty to apply in the event of any difficulty or breach in giving effect to the present Consent Terms.
17. All authorities, Tata Power, tax authorities, Brihanmumbai Municipal Corporation, and other entities are requested to act in accordance with these Consent Terms.
18. All third parties, including the Salsette Catholic Cooperative Housing Society Ltd be directed to take on record and approve, the application of the Plaintiffs and to the Share Certificate No.72 for 10 (ten) shares of Rs.50 Defendant No. 1, for the addition of names of the Plaintiffs the said Society ("said Share Certificate") to be included (fifty) each (Distinctive Nos.711 to 720, both inclusive) of along with the existing name of the Defendant No. 1 on the said Share Certificate, subject to adherence to the said Society Bye-Laws.
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19. It will be requested that all undertakings and obligations G in these Consent Terms be accepted as undertakings to the Court.
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20. The Parties agree that the Partition Suit No. 4 of 2018 and the Interim Application and Interim Application No. 3220 of 2023 may be disposed of, in terms of the present Consent Terms, with no order as to costs.
Dated this 23nd day of December, 2025 Gwendoline Mary Oliveira Plaintiff No. 1 Through her Constituted Attorney Harold D'Penha S. J. Nagasri Gianelli Valentina Gertrude D'Penha Advocate for the PJaintiffs Plaintiff No. 2 Harold D'Penha Plaintiff No. 3 Loy D'Penha Defendant No. 1 Sapana Rachure 6 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: � Dowsign Envelope ID: 6BD732F7-8613-4C9E-9069-C615273934E8 Kevin D'Penha Advocate for Defendant Nos. 1 and 2, Defendant No. 2 Through his Constituted Attorney Loy D'Penha Sean D'Penha Defendant No. 3 Advocate for Defendant No.3 Michelle D'Penha Defendant No. 5 Sapana Rachure Advocate for Defendant No.5 Erika Oliveira Defendant No. 6 Advocate for Defendant Erika No. 6
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This forms an integral part of the Memorandum of Earlier Oral Settlement dated fii{3Yd December 2025 executed between the parties hereto.
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MEMORANDUM OF EARLI ER ORAL FAMILY SETTLEMENT This memorandum is the recording of an earlier oral family settlement ("Agreement") and is made and entered into at Mumbai this 23rd day of December 2025 and is effective from the date hereof BETWEEN MR. LOY KENNETH D'PENHA adult Indian Christian inhabitant residing at Flat on the Second Floor, Maudestan Extension. 2/2A D'Monte Park Road, Sandra (West), Mumbai - 400 050 hereinafter referred to as "Loy" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors and administrators) of the First Part;
MR. HAROLD CHARLES D'PENHA. adult Christian Indian inhabitant residing at Flat on the First Floor, Maudestan Extension, 2/2A D'Monte Park Road, Bandra (West), Mumbai 400050 hereinafter referred
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to as "Harold" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs. executors and administrators) of the Second Part;
AND MRS. GWENDOLINE MARY OLIVEIRA adult Christian presently residing in Canada at Majestic Court, LPH10-60 South Town Centre Blvd, Markham. ON, L6G OCS. Canada, formerly residing in Canada at, 1 1 7 INGRAM ROAD, MARKHAM, ONT/\RIO, L3S 4E2 , and having an address in India at Flat on Third floor, Maudestan Extension, 212A D Monte Park Road, Sandra (West) Mumbai - 400 050. hereinafter referred to as "Gwendoline" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include her heirs, executors and administrators) of the Third Part;
MRS. GIONELLI VALENTINA GERTRUDE D'PENHA, wile oflate Hugh D'Penha ("Hugh"), adult Indian Christian inhabitant residing at Flat on the Ground Floor, Old Maudestan, 2'2A D Monte Park, Sandra ' (West), Mumbai 400 050 hereinafter referred lo as "Gionelli" (which expression shall unless it be
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repugnant to the context or meaning thereof be deemed to meari and include her h eirs, executors and administrators) of the Fourth Part;
Each a "Primary Party· and collectively the "Primary Pa rties"
MICHELLE D'PENHA. adult Indian Christian inhabitant residing at Flat on the Second Floor, Maudestan Extension, 2/2A D Monte Park Road, Sandra (West), Mumbai - 400 050 hereinafter referred to as ' "Michelle" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include her heirs, executors and administrators) of the Fifth Part:
AND KEVIN D'PENHA. adult Indian Christian inhabitant h<:ving a permanent address at Flat on ihe Second Floor, Maudestan Extension, 2/2A D'Monte Park Road, Sandra (West), Mumbai - 400 050 hereinafter referred to as "Kevin" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors and odm:nistr::itors) of the Sixth Part;
AND SEAN D'PENHA adult Indian Chrfatian inhabitant presently residing in Singapore at 5A Kovan Road #02-22 Kovan Residences Singapore 544895 and having an address in India at Flat on the First Floor, Maudestan Extension, 2/2A O'Monte Park Road, Sandra (West), Mumbai -400 050 hereinafter referred to as "$c3n" (which expression shall unless ii be repugnant to the context or meaning thereof be deemed to mean and include his heirs, ex�cutors and administrators) of the Seventh Part; AND ERIKA OLIVEIRA adult Indian Christian inhabitant presently residing in Canada at Majestic Court, LPH10-60 South Town Centre Blvd, Markham, ON. L6G OC5, Canada. formerly residing in Canada at, 1 1 7 INGRAM ROAD. MARKHAM, ONTARIO, L3S 4E2 having an address in India at Flat on Third floor, Maudestan Extension, 2/2A D Monte Park Road. Sandra (West) Mumbai - 400 050, hereinafter referred to as "E rika" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to moan and include her heirs, executors and administrators) of the Eighth Part;::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::
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Each an "Additional Party" ar :I collectively. the 'Additional Parties"'.
The Primary Parties and the ,\dditional Parties are hereinafter referred individually as "Party" and collectively the 'Parties"
Capitalized terms have the mec- 1ing ascribed to such terms within the Agreement and Annexures.
REC ITA LS WHEREAS:
A. The late Stanislaus Antho ·1y D'Penha ("Stan") and the la te Maude Luiza D'Penha ("Maude'), collectively referred lo as ' )eceased Parents were the original joint lessees of ce rtain landed "
property admeasuring 1194 16 sq yds on the plot of land , 194/195 (?J2A}D'Monte Park Road, Sandra West, Mumbai 400050 at Village Sandra, CTS No. C/599, more particularly described in Annexure A hereunder (hereinafter reforred lo as the "Landed Property"}. Landed Property was leased to the Deceased Parents by the Salsetle Catholic Co-operative Housing Society Ltd ("Society") pursuant to the Indenture of Leases d :1ted 27th :September 1940 and13th February 1943 which is represented by Share Certificate No.72 ( Share Certificate"} for 10 (ten) shares of Rs.50 (fifty} each (Distinctive Nos.711 to 720. both inclus 1e) issued by the Society. a copy of which is annexed as A nnexu re J hereto. ("Society Shares")
8. Tht:: Deceased Parents had ·+ (four) children, i.e. 3 (three) sons Hu9h (now deceased), Harold, and Loy and 1 (one) daughter, G1vendoline.
i. Harold is marned to Rath11a D'Penha ("Rathina'') and has 2 (two) children, Sean and Shyella De Silva ("Shyella'l.
ii. Loy is married to Shirley [!"Penha ("Shirley"} and has 2 (two) children, Michelle and Kevin. iii. Hugh (now deceased} w<. > ma rried to Gianelli and has no children. Gionelli is Hugh's sole legal heir upon his demise.
iv. Gwer.doline was married to Roque Oliveira (now deceased) and has 3 (three) children, Er ika.
Sonya Cryer ("Sonya") ar•:l Lisa Oliveira ("Lisa'"}.
C. On the Landed Property. is built, two pe<rtions ofthe building known as "Maudestan" i.e. Old Building and New Buildir.g, more parlicularly described in Annexu re B. i. The Old Building was joint1:1 funded and constructed by the Deceased Parents during their liietime. ii. The New Building co111prh;ing the Mew Flats and common areas (e.g. staircc>se , !andings, Small Terrace, lift, etc.). was cc 1structed tluring lhe lifetime of Stan and Maune and was join tly and equally funded by Loy, Ha ·old & Gwef"doline, to the extent applicable to their respective New Flat.
D. After the demise of Stan on :�6th Nove-nber 1999, Maude became the sole lessee of the Landed Property and owner of the Ok Flats in terms of his will dated 6th Auuust 1998.
E. During her lifetime, Maude h<: j:
� i. gifted Flat No. 2 to her grc:ndson. Kevin and Flat No. 5 wi1h the Gaag·e to her grandson, Sean vide two registered Gift De·�ds both dated 13th March 2013 (''Gift Oeed(s)"). The Gift Deeds are annexed hereto as Anne.o:,:re . C and Annexure D; and ir. allotted certain Flats to her chi ldren and certain grandchildren as per certain allotment letters .
F. Maude passed away on i8t1· F ebruary 2014, and during her lifetime , she mllde her Will and Testament dated 25'h Novemt•er 2012, which was duly registered, annexed as Annexu rti E ("Will"):
G. Maude appointed Loy as the ;;ole executor of her Will and bequeathed the followir.g, on the terms ' stated therein: ' i. the Landed Property a ·1d Monies (defined below) to Loy; ii. the Flats, to the Flat 01mers (as defined herein); and iii. the Bequests to Shye ll :1, Gionelfi, Sonya and Lisa (collectively. "Beneficiaries").
Bequests" means the 'allowing bequests aggregating Rs. 20,oJ0.000 (twenty lakh) by Maude as per her Will: (i) R: 5,00,0001- (Rupees Five Lacs only) to Shyella (ii) Rs. 5,00.000/- (Rupees Five Lacs onl:1} to Gionelli; (iii) Rs 5.00,000/- (Rupees Five Lacs only) to Sonya; (iv) Rs 5.00.0001- (Rupee!; Five Lael' only) to Lisa, the receipt ofwhich was confirmed by each Beneficiary, as per their respective NOCs (defined below). H. The Beneficiaries:::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::
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i. have received their respective Bequests under the Will from Loy, in his capacity as Executor of the Will.
ii. other than Gionelli who is a party hereto.
I. Disputes and differences arose between the Family in respect or the Will, after which a Administration-cum-Partition Suit Partition Suit No. 4 of 2018 was filed by Gwendoline, Hugh and Harold against Loy, Kevin, Sean and the Society as Defendants, which is pending before the High Court at Bombay ("High Court"). Gianelli was subsequently lmpleaded into the said Suit as Hugh's sole legal heir, upon his demise. Notice of Motion 2224 (2018) and Interim Application No. 3220 of 2023 are also pending in connection with the same Administration-cum-Partition Suit in connection with Flat No.1. The Notice of motion, Interim .r...pplication and the Administration-cum-Partition Suit are collectively referred to as the "Proceedings".
J. The Parties have mutually agreed to settle the above disputes and differences induding the Proceedings by entering into a Broad Terms of Settlement - D'Penha Family dated 5 December 2025, pursuant to which this detailed Agreement Is being entered Into K. Parties acknowledge that this Agreement is inter a/la a recording or the desire, wish and intention of Maude and the earlier oral agreement between Maude and her children and grandchildren, i.e. the Parties, and Beneficiaries, during Maude's lifetime, whereby inter alia:
L. Primary Parties would each share 1/41h (one-fourth) in the undivided share and interest in their
- ancestral property, i.e. the Landed Property i. the Flats would be bequeathed to the Flat Owners as per ti1e Will; and ii. Monies to be dealt with as per this Agreement on terms and conditions more particularly detailed in this Family Arrangement.
M. As this Agreement pertains inter alia to the Flats. the Flat Owners are also entering into this Agreement, as Additional Parties, in respect .of their Flats and applicable rights and obligations.
N. The sequence in which the transactions contemplated by this Agreement shall be completed is set out in Annexure H.
0. These Recitals and the Annexures form an integral part of this Agreement.
NOW THIS FAMILY AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS.
1. LANDED PROPERTY 1.1. Parties agree and acknowledge that. notwithstanding anything contained in the Will, and in t F\el&ase De.ed,;:
!)U• s1.1ar.ce l.lf tt.a earli.:r c.;al agreement r.1entioned in R&;:ital K hereinabo\ e and he 1 . 1 . 1 . Each Primary Party shall have 1/41h (one-fourth) i.e. 298.5 (Two Hundred and Ninety Eight and a Half) sq. yds undivided share, right. title and interest ("Respective Share") in the Landed Property, i.e. leasehold plot bearing No. 194/195 situate at 212A D'Monte Park Road, Sandra (West), Mumbai 400 050 represented by the Society shares bearing distinctive nos. 7 1 1 to 720 {both inclusive} of Rs 50/- (fifty) each, by Share Certificate No. 72 in the Society. Parties will be entering into Release Deeds in connection herewith, in accordance with Annexure H. 1.1 .2. To give effect to the above, Loy will retain 1/4th (one-fourth) interest in the undivided share in the Landed Property i.e. 298.5 (Two Hundred and Ninety Eight and a Half) sq yds (the "Loy Share"), and will release, transfer ond as:;ign !he remaining 3/4th of the undivided share in the Landed Property to Gwendoline, Harold & Gianelli, in 1/4th (one-fourth) proportion each, such !hat each Primary Party shall have 1/4th (one fourth} i.e. 298.5 (Two Hundred and Ninety Eight and a Half) sq yds undivided share. right. title and interest in the Landed Property i.e. leasehold plot bearing No. 194/195 situate at 212A D'Monte Park, Sandra {West}. Mumbai - 400 050 (and more particularly described in Annexure A} reprssented by the said shares bearing Nos. 711 to 720 {both inclusive) of Rs.50/- each represented by Share Certificate No. 72 in the Society.
1.1 .3. Except to the extent of the Loy Share (defined hereunder) which Loy shall retain and continu� to hold uninterrupted, Loy hereby unconditionally releases, relinquishes, renounces, surrenders, quit claims over the remaining share in the Landed Property and Society Shares bequeathed to him per the Will, in favour of the following Parties to whom the said one-fourth share each, is being released in accordance with this Clause and by the Release Deeds:
::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::Primary Party Respective Area Share Share Certificate Loy Share 1/•lth 298.5 sq yds ordinary holder of Society Shares Gwendoline 1/<>th 298.5 sq yds o rdinary holder S hare of Society Shares Gionelli Share 1 /Llh 298.5 sq yds ordinary holder of Society Shares Harold Share 1/4 :h 298.5 sq yds ordinary holder of Society Shares 1 . 1 .4. The Parties shall hold th;1 Land ed Property as joint Lesseesrrenants in Common thereof. each , having an ltndivided one- 'ourth share therein and each of ttle Parties shall be entitled equally to, and liable equally for, all :ienefits and obligations arising out of the landed Property.
1.2. In accordance with Annexu r!� H, Parties will reasonably co-operate with each other in good faith and in a timely manner, for stamf:ing registration (if any) and completing necessary formalities relating:
(A) to signing. stamping. registratiori of Iha:
(a) Release deed to be t'xecuted fr'.lm Loy to Gwendoline;
(b) Release dead. to be i:xecuted frJm Loy to Harold.
(c) Release deed to be t:xecuted fnm Loy to Gianelli.
(a). (b) and (c} above are collectivel 1 referred to as the "Release Deeds" m the format mutually agreed between the Parties.
, (8) the addition of Harolc . Gwendoline & Gionelli's names as Ordinary Members on the Share Certificate in respect c•f the Society Shares, which currently bears Loy's name (as an Ordinary Member). The order of the namits of the Ordinary Holders on the Share Certificate shall be as follows: (i) Loy: (ii) 3wendolin�: (iii) Gionelli; and (iv) Harold, all as joint ordinary members.
In connection herewi :1 the Sodet-; has granted an No-Objection Certificate annexed as Annexure K hereto, :>n the terms and conditions stated therein.
1.3. It is clarlt1ed that the Landed Property (arid Respective Sha res) includes the Parking Spaces (except the Garage).
2. FLATS 2.1. Parties agree and ackno,.,,led1:e that dist•nctive and separate entire <i!�ht, title, ownership and interest to each respective Flat, free irom all encumbrances as further detailed out in An nexure B and as follows, shall be held by the ·':>llowing individuals,_in accordance with Maude's bequests under the Will and Gift Deeds (as aj)pi ;able). and theie shall be no amendment to the Will a nd/or the Gift Deeds in connection therewitf,:
2.1.1.Michelle D'Penha who h;1s been bequeathed by late Maude o· Penha: Flat No. 1 (admeasuring 993.3 sq. ft built up arec: l on the Ground Floor of the Old Bu ilding (•Fiat No. 1"} be the sole owner of the said flat No ·1. and the same be transferred and conveyed to her name.
2.1.2.Kevin D'Penha who has Jeen gifted and thereafter bequeathed by late Maude D'Penh3: Fiat No. 2 (admeasuring 146K62 sq. ft t•uilt up area) on the Ground Floor of the Old Building ('·Fiat No. 2"), to be the sole ov.ner of the said ilal and the same be transferred and conveyed to his name.
2.1 .3.Flat No. 3 (admeasunng :197 sq. ft tuilt up area) on the Ground Floor of the ou1house of the of the Old Building (Flat No. 3"), which was bequeathed by late Ma•;de D'Penha to Hugh D'Penha (deceased), be solely oV\ 1ed by hi� wife, Gianelli D'Penha and the same be tra nsferred and conveyed to her name.
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Primary Party Re!>pecti Area Share Certificate
ve Share
Loy Share 114 h �98.5 sq yds Membe; Ordinary
Me mber (as may be
applicable) 1n respect of
Society .3ha�s
Gwendoline 1/4 :h �98.5 SQ yds Member Ordinary
Share Member (a;; may be
applicable) in respect of
Society .:;hares
Gionell1 Share 1/4 h �98.5 SQ yds Member Ordinary
Member (a�; may be
applicable) in respect of
Society :)hares
Harold Share 1/d h �98.5 sq yds Member Ordinary
Member (as may be
applicab1e) 1n respect of
Society Shar1?s
1.1.4. The Parties shall hold th·1 Landed Property as 1olnt LesseE's!Tenants in Common thereof each i e Parties shaii be entitiec- equaliy to.
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having an uno1vided one 'ourth sha ·e therein and eacri of and liable equally for. all :ienefits ar d obhgat1ons arising oul of the Landed Property 1 2 ln accordance with Annexur:t H. Parties will reasonably co-operate with each other in good faith and 1n a 11mely manner for stamr ing. r£<gist•at1 on !if any) and comp etin�t necessary formalities relating.
t signing, stamping reg1strat1r n or the (A} o
(a) Release oeeo to be :!xecuted I om Loy m &wendoline (bl Release deeo. to be ;1xecuted f1om Loy o t Harolo !C) Release deed. to be =ixecuted f•om Loy to Gionelli \a), {b1 and (c) above are: collec.tilfe v r'!ferred to as the 'Release Deeds· 1n the fonrat mutuelllv agreed between the •;•art1es
18) tne add1tior: of HarOl< , Gwendo 1ne & Gionet rs names ..3S Memoers 1 Ordinary Members las may be applicable> 1 1 respect of Society Shares on th� Share. Certificate 1n respect .:>1 the S1�c1ety Shares. wh ich currently bears Loy's name (as < Member/ Ordinary Memher as mav be applicable). The 1rder of 1he nam es oi the Membt1rs : Ordinary Members {as may be apphcable) oo the Stiare Certift-:ate shall be as follows. 11) Loy: (ii) Gwendofine: (iiiJ Gionet!• and (1vl Haroid. all as JOint �lemt>ers I Oro1nary MP.mbE!fS (as may be applicable). In connection herewith the Soc1�ty has granted an N·:>-Ob-jection Certificate annexe<! as t nris and conditions state<! therein Annexure K hereto, on the e 1.3 It is clarified that the Landed Jroperty ("md Respective Shares) 1ricli..Oes the Parking Spaces lexcep1 the Garage}.
2. FLATS 2.1. Parties agree and acknowleclge thai d1�cinctive and separate entire r ghl htle. ownership and interest to each respective Flat, r f ee from all e icumbrances as further detailed out in Annexure B arid as follows. shall be h9!d by t.he following •ndividuals _,,... accordani:a w1fl'\ Mauds's bequest!' under the Will and Gift Deeos (as ap� icable). and there shall be <JO ameridment to the Will andlor the G1f- Deeds In connection therewi:h.
2 1 1 .Miche!le D'Penha who I as beeri b�ueathed bv late Mauc e DPenha: Flat No. 1 \admeasurlng 993.3 sq ft built up are�) on the :>round Floor of the Olc Bui•ding rFlat No. 1"). be the sole owner of the said Oat Ne 1 . and th�1 sal11€ be transferred and xinveyed to her name.
2 1 . 2.Ke·11n D'Penha who ha· been gift�d and thereafter bequttathed by late Maude D'Penha: Flat No 2 (admeasunng 14fi8 62 sQ II built up area) on the Grou'ld Floor of the 01<:! Building t'Flat No. 2"), to be the sole <1wner of th? said licit and the sarn� be ransferred and conveyed to his name 2 1 3.Flat No. 3 (admeasunn�1 997 sq. fi built up area) on ihe Gr ound Floor of the outhouse of lhe or the Old Building (Flat N••. 3") which was bequeathed by fa·e Maude D'Penha to Hu�h D'Penha (deceased). be solely c·Nned by t1s wrfe. G1onelli o·Penha and lhe same be transferred and conveyed to her name.
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2.1 .4.Erika Oliveira. who has been bequeathed by late Maude D'Penha, Flat No. 4 (admeasuring 1701.12 sq. ft built up area) on the First Floor of the Old Building ("Flat No. 4"), be the sole owner of the said flat and the same be transferred and conveyed tc her name.
2.1 .5.Sean D'Penha who has been gifted and thereafter bequealhed by late Maude D'Penha Flat No. S (admeasuring 1803.81 sq. ft built up area) on the Second Floor of the ofthe Old Building ("Flat No.5") along with closed garage (admeasuring 283.62 sq. ft built up area) ("Garage") on the ground floor of the of the Old Building be the sole owner of the said flat and Garage and the same be transferred and conveyed to his name.
2.1.6.Harold D'Penha & h!s wife Rathina O'Penhawho have been bequeathed by late Maude D'Penha Flat No. 6 (admeasuring 1653.33 sq. ft built up area) and adjoining private pocket terrace admeasuring 990 sq. ft. assessed exclusively from Flat number 6 and having no independent common access above Flat No. 1 of the Old Building ("Pocket Terrace") on the First Floor of th.e New Building also known as Maudestan Extension (collectively with the Pocket Terrace, referred lo as "Flat No. 6") hereunder be the joint owners of the said flat and the same be liansferred and conveyed to their names.
2.1.7.Loy D'Penha & his wile Shirley D'Penha who have been bequeathed by late Maude D'Penha Flat No. 7 (admeasuring 1628.01 sq. ft) on the Second Floor of the New Building ("Flat No. 7") also known as Maudestan Extension be the joint owners of the said flat and the same be transferred and conveyed to their names.
2.1 .8.Gwendoline Oliveira who has beer. bequeathed by late Maude D'Penha, Flat No. 8 (admeasuring 1517.71 sq. ft) on the Third floor of the New Building ("Flat No . 8") also known as Maudestan Extension hereunder be the sole owner of the said flat and the same be transferred and conveyed to her name.
2.1.9.The following definitions shall apply.
"New Bu ilding" has the meaning set out in Annexure B comprising Flat No. 6, Flat No. i and Flat No. 8, and is also referred lo as "Maudestan Extension".
"Old Building" has the meaning set out in Annexure B comprising Flat No. 1, Fial No. 2, Flat No. 3, Flat Mo. 4 and Flat No. 5. and is also referred to as "Old Maudestan·.
"Flats" collectively means Flat No. 1, Flat No. 2, Flat No. 3, Flat No. 4, Flat No. 5, Flat No. 6, Flat No. 7 and Flat No. 8, and "Flat" means each such Flat.
·Flat Owners· means the Flat owners set out against their respective names in Clause 2.1.
"High Terrace" means the terrace of the Old Build ing, above Flat No. 5 "Small Terrace" means the small terrace of the New Building, above Flat No. 8 "Big Terrace" means the big terrace of the New Building, above the Small Terrace and Flat No. 8.
"Pocket Terrace· has the meaning set out in Clause 2.1.6.
2.2. Partie5 acknowledge that the full right t1tit: �rid interest in the abovementioned Flats under Clause 2.1, are free from all encumbrances (except as stated in Clause 2.3 below), and the same have been bequeathed to the respective Flat Owners under the Will. 2.3. Flat No. 4:
2.3.1 .is currently tenanted to Marcel Gomes & Ulrike Gomes \Tenants") who are occupying the same pursuant to an affidavit dated 8 July 2013 ("Affidavit"). a copy of which has been shared with Erika and Annexure F. 2.3.2.Erika shall be solely entitled to the rights. benefits, and responsible for the obligations and liabilities, connected to Flat No. 4, and is acknowledged as Maude's sole "heir" under the Affidavit, subject to Clause 5.9.5. below.
2.3.3.Erika will be treated as the landlady of Flat No 4 and shall be entitled to all steps in regard to the Flat no 4. Erika will not be required to take permission or consult any of the Parties, before taking any steps in respect of Flat No. 4 including in respect of her interactions and action with or against the Tenants. provided such actions/steps are not contrary to the terms hereof or contrary to law. Nothing in this provision will restrict the Representatives from taking any action towards or communicating with the Tenants with respect to Tenant's Contribution, the MCF and operation and maintenance of the Flats and/or the landed Property, in accordance with the terms hereof with prior intimation to Erika.::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::
2.3.4.Primary Parties shall rEonder all reHsonable and lawful co-operation requested by Erika, including issuing ractually accurate a:tornr1ent letter(s) to the aforesaid Tenants, and Erika shall inform the aforesaid Tenants :hat Erika i.; solely entitled to lhe said Flat No. 4, that Erika is the landlady and that the aforesaid lenanls sh.311 have all interactions with Erika only.
2.4. The Parties will. and will prccure tha; necessary othe r Fial Owners/Family members reasonably co-
operate with each other. n good fa1ih. and in a timely manne•. or f stamping. registration and necessary formalities to pertect the lillF! of Fial Owners with the terms hereof.
2.5. In the event or sale of any Fh: t m accordance with Clause 6, the Parking Space {excluding the Garage) allotted to such Flat Owner ..1nder Clause 3 und er Annexure G shall not be sold/chargedf transferred with the respective Flat, as the Flat O·vners have no ownersh ip, lease or sub-lease lo the relevant Parking Space. However, in the event of L&L (defined below) andfor sale or lhe Flat in accordance with the terms hereof, the r·�main1ng Parties will permit the licensee of the applicab le Flat owner and/or purchaser of such F at, to use such Parking Space in accordance with the terms hereof, applicable law and Society Fiules.
2.6. Each Flat Owner ("Licenso1'') represe nts, warrants and undertakes to the remaining Flat Owners t�at he/she/they will hold, op:!rate and rianage and let out on L&L, their respective Flats (and Garage as a pplicable) in accordance with. and >ubject to applicable law. and the Society Rules.
2.7. Each Party hereby agrees and ackr:owledges that as per the earlier oral understanding referred to in Recital K: --
2.7.1 .Common areas of the Cid Building excluding the Flats {a.g. e:<ternal staircase, landings. High Terrace etc) are jointly c 1d sP.veral y owned by the Flat Owners of Flat No 1 , Flat No. 2. Flat.No. 3, Flat No. 4 and Flat Ne. 5 in equ<1I undivided share.
2.7.2.Common areas of the f\ =:w Building excluding the Flats {e.g. internal stairca·>e. landing, Small Terrace and Big Terrace lift, elc) a-e jointly and severally owned by the Fl<Jt Owners of Flat Nos 6, Flat No. 7 and Flat Ne. . 8 in equal undivided share. It is clarified that the Pocket Terrace does not form a part of the Cc 11mon are �s of the Old Building and/or the New Build ing.
3. PARKING 3 . 1 . There will be 7 (seven) exterr al parking spaces ("Parking Space(s)") and 1 (o:ie) covered Parking Garage for exclus�ve use of the Flat Owners as follows and as further illustrated in the Map enclosed as Annexure G):
Flat Flat Owner parki ngNo ParkingLocation 1 Michelle D"Pe··1ha P3 In the Driveway (Front) 2 K�vin O'P:nh;= P4 Behind Fbt No.2 3 Gion elli D'Penha P1 Outside Flat No.3 4 Enka Oliveira P7 To be created In place of the Corne r Shed by the Maudestan ExtensionGate 5 Sean D'Penha P6 Driveway-of Garage of Flat No.5 6 Loy & Shirley lYPenhaP.2 In the D1iveway {Back) 7 Gwendoline 0 veira PS In the mid open area in front of the Maudesian Old Building between the two Gates 8 Harold & Rathina D'Penh.3 3.2. Parties acknowledge that as par the Will and Clause 2.1.5 above, Sean has been bequeathed the Garage. as further described ir Annexure G hereto. Notwithstanding Sean's right to a Parking Space under Clause 3.1 above, Sean ;hal: :ilso be !Jermitted to use in Garac;H in accord:Jnce with applicable law and Society Rules.
3.3. No Parking Space shall be us€ j to park commercial vehicles N Heav11 Motor Vehicles.
3.4. Any Flat Owners may agree to swap par�ing spaces (or handover allotment) amongst themselve�.
without prior consent of the Other Fla1 0-\ ners.
E.g. Michelle & Kevin can mutt 3lly agree to swap parking spaces without Gwendoline's consent. or Sean & Gwendoline can mutually agree It· swap parl\ing spaces, without Michelle's consent.
3.5. Parties acknowledge and agre� that while Flat No. 4 has been allotted parking P7. Presently 1n this spot there is a garden and a shed, which will be removed to accommodate Parking for Flat no 4 of Erika and a gate will be added next to the gate I or the gate will be extended, to provide access for parking P7.
::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::3.5.1.This Parking Space shall be created in the future, once Erika takes possession ofthe Flat No. 4 in accordance with this Agreement and applicable law. 3.5.2.the Parking Space will be created such that or.e mid- SUV-sized vehicle (Width-10 feet Length 20 feet).
3.5.3.The Representatives will be responsible for operationally organizing the creation ofsuch Parking Space, at the MCF's sole cost.
3.6. Notwithstanding anything contained herein, Parties acknowledge that 3.6.1.the Parking Spaces are only licensed to the above Flat Owners by the PrimaJY Parties in consideration of their mutual representations and warranties and on the terms stated herein, and in no manner have the Flat Owners been granted any right tiUe, interest and/or ownership in, or to the Parking Spaces. Each Parking Space will be licensed/alloted to the respective Flat. 3.6.2.Full right, title and interest, in and to the Landed Property including the Parking Spaces, shall be held by the Primary Parties. as per their Respective Share, in accordance with Clause 1. 3.6.3. Individual Parking Spaces cannot be sold. However, such Parking Spaces shall be allotted to a licensee under a L&L or a purchaser of a Flat under Clause 6, in lieu of the Flat Owner occupying such Parking Space.
3.7. The Parties hereby agree that:
3.7.1.The common spaces in the Old Building and New Building (example Maudestan compound, High-Terrace. Small Terrace and Big Terraces above Flat No. 8 including common washroom situated thereon} (collectively, the 'Common Gathering Spaces") shall be occupied and used by lh& Primary Parties, the Flat Owners, and the Flat Owners' permitted licensees under an L&L, in accordance with Society Rules and applicable laws.
3.7.2.Notwithstanding Clause 3.7.1, Common Gathering Spaces may be used by the Land Owners and/or Flat Owners (but not their respective L&L licensees), for social gatherings for their families and guests, provided such social gatherings do not cause any nuisance to the Land Owners, and/or other Flat Owners, and are conducted in accordance with Society Rules and applicable laws, with reasonable prior notice to the Representatives.
4. MONIES
4 .1. Pursuant to the Will, after payment of the Bequests as per Recital G above and funeral and other expenses as per Maude's Will, monies amounting to Rs. 81 ,50,831/-, stood to the account of Maude's estate, were transferred and credited to new savings bank account no. 3348837996 with Central Bank of India, Turner Road Branch, in the name of Loy and invested in term deposits ("Monies"), by Loy, in his capacity as sole executor of the Will 4.2. The Monies have been utilized by Loy in his capacity as sole executor of the Will towards Maudestan Ma"itenance and as per the Statement (clefi'led below\ "Ind th'l rernaining proceP':JS �"Proceeds"} are currently deposited in the Central Bank. Account mentioned in Clause 4.1 ("Maude Bank Account").
4.3. A line-item wise break-up of the Monies and summary thereof ("Statement"), hav e been verified and confirmed by the Accountant (defined below), which Statement has beP.n submitted to the High Court by Written Statement dated 20 July 2018 and affidavit 1 October 2025 in the Proceedings.
4.4. Prior Expenses:
4.4. I .Certain expenses, not exceeding Rs. ·1,83,872/-("Prior Expenses") have been incurred by Loy and/or Shirley from their personal accounts prior to the doile of this Agreement, towards: (a} Maudestan common electricity for the garden and compound of the Old Building and the New Building; and (b) gardenerweekly charges.
4.4.2.The Prior Expenses have been confirmed as valid Maudestan Maintenance expenses by the Primary Parties, other than Loy. .
4.5. In this regard, Loy represents. warrants and undertakes to the Parties as on the dale hereof, that apart from the Prior Expenses which were expended from Loy/Shirley's personal accounts, due to reasonable operational and practical difficulties. Loy and Shirley:
4.5.1.have not incurred any expenses, from their personal account(s) in relation to the Maudestan Maintenance andl/or Monies and/or Landed Property, during the Executor Period {"Specified Ellpenses'}; and/or 4.5.2.shall neither claim from, nor be reimbursed by, the MCF, Maude·s estate, and/or any other Party hereto in their personal capacity or otherwise. for the Specified Expenses.
, 4.6. "Executor Period" means the period commencing on 18 February 2014 and ending on the date of this Agreement. Notwithstanding the aforesaid, Loy shall continue as executor of the Will_ subject to ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::
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the terms hereof. Loy is n.:•l aware cf, and has not been notified of, any other liability relating o t Maude's Will, the Landed Property. a r d/or the Monies, as on tne date of this Agreement, apart from:
(defined under Clause 5.3 (A) ( i1)):
4.6. 1 . lhe Property Tax Liability 4.6.2.the Prior Expenses; ar j 4.6.3.income tax liability for 11e financi<1l year 2024-2025 ("Current Income Tax").
4.7. It is clarified that nothing in :his Claus� 4 will appl y to: 4.7.1.the Excluded Expens�s under Clause 5.3 (B) below, in respect of which the respective Flat Owner I Party will be r:!sponsible. unless Loy is named as the Responsible Party and/or Fial Owner therein.
4.7.2.any bona fide actions 1.:1ken by Loy 1n good faith and/or pursuant to advice from the Accountant.
5. MAUDESTAN COMMON FUND REPRESENTATIVES. AND MAINTENANCE Upon filing Consent Terms and Disposal of the Administration-Cum-Partition Suit:
5.1 . The Proceeds (if any) , shall be transferred to the MCF Bank Account from the Maude Bank Account, as d etailed in Annexure H. 5.2. Representatives will maintai·i and operate a Mauolestan Common Fu nd ("MCF") for only Maudestan Maintenance, in accordance with the fctlowing terms:
5.3. "M a;.adestan Maintenance'' means ilie operation maintE;iance and upkeep of Maudestan (Old Building, New Building, Landed Properry & common areas such as compound wall, trees etc) and (A) Include�:
(i) "Routine Expense�;" include� common area elec�ricity, ;al aries for security. gardener, cleaning. garbage, \11ater charries. property taxes, \Jater pump maintenance, Municipal or taxes (if any) includi ·1g arrears to the aforesaid (excluding Loy Specified Expenses) defined below, relating to thE· Landed P rope rty and/or Flats.
(ii) "Non-Routine Expenses" incll des:
(a) external repair. structural ·epair, painting. external plumbing, compound wall In respect of the Old Building and NE-w Building;
(b) future litigation expenses (if any) with third parties, in respect of the entire Landed Property and/01 all (but n01 some) of the Flats and/or (all but not some) of the Parties with third partie ;; E.g. disp 1te with encroacher on the statutory dues payable by way of income tax. m1.nicipal taxes etc. to the Landed Properties and/or the Flats and/or Maude's estate 3pplicable to a period prior to, or during the Executor Period, excluding any such dues Jecoming payable due to wilful default of Loy and/or pursuant to the advice of the Ac·;ou ntant. statutory dues payable by way of income tax, municipal taxes etc, for 'he •_anded Pr0FJer:ies ari/o; th"! Flats after the l=yec11tor 0Priod; and
(c) known past proi:erty tax licbility of Rs. 5,35,634 as on the date of this Agreement. (plus interest, if any c :iplicable c.s per law) which has not been paid pursuant to an order of the Bombay Hi!; 1 Court in this regard {"Pro perty Tax Liability"),
(d) statutory dues payable b'.1 way of income tax, municipal taxes etc, to the Landed Properties andl·:ir the Fi al � and/or Maude's estate applicable to a period prior to, or during the Exec1Jtor Periorl, excluding any such dues becoming payable du� to wilful default of Loy ar d/or pursL ant to 1he advice of the Accountant. st atutory dues payable by way of income tax. municipal taxes etc, for the Landed Properties and/or the Flats after the Execut•:or Period and
(e) Prior Expenses, 1n accordance with Clause 5.9.6. and
(f) Current Income Tax (defined at Clause 4.6.3 above}.
(B) specifically excl:.ides the f:illowing "Excluded cxpim:;es", which sh all bE:i borne as follows:
S. No Expense Responsibility for costs
1. Lift Maintenance & Repairs. painting to thP- internal Jointly by Flat Nos 6. 7 and 8 in staircase, installatio ·1 of electronic security system {if equal prc;:iortion i.e. 113m each mutua!ly agreed) & such oth·�r expenses relaring tc- internal common areas of Flat Nos 6. 7 and 8
2. Routine day-today rr :iintenancP- costs for Garage Sean
3. Routi ne day-to-day maintenance costs for Pocket Harold Terrace
4. 1 Cost of all Intern :11 Repairn, P ainting . Plumbing. Respective Flat Owner Electricity to Flats ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: S.No Expense Res ponsi bi lity for costs
5. Costs for damage caused to any Flat due to an act of the Flat Owner responsible for another Fial Ownef causing such damage
6. Non-routine beautification costs, gardening costs, Flat Owner(s) responsible electricity costs of Flats of Old Building and/or New .
Building and/or common areas of the Landed Property, initiated by any 1 {one) or more Flat Owners.
7. Future legal litigation expenses (if any) with respect to Respective Flat Owner any Flat and/or Landed Property. Respective Land Holder Examples:
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dispute between Sean & his licensee regarding Flat No. 5;
- dispute between Kevin & Michelle regarding Loy Share. after Loy & Shjrley·s demise.
8. Legal expenses on the Agreement, e.g. Accountant I Jointly by the Primary Parties advocate expenses
9. Penalties costs or liabilities in connection with any Flats: Flat Owner(s) construction, alteration, enclosure. usage or extension responsible of the Flat{s) and/or Garage, including or in relation to any external terrace, window box, open space or Pocket Terrace: Harold appurtenant area to such Flat and/or Garage Garaqe: Sean 10 Payment. Penalties or costs in connection with any wilful Loy default by Loy with respect to the Lan<:led Property or the Monies, under property tax and/or income tax laws during the Executor Period ("Loy Specified Expenses ) " .
Provided that Loy will not be liable for any bona fide acts taken in good faith and or pursuant to advice from the Accountant.
5.4. The Representatives will form a legal association of persons (AOP}/entity (mutually agreed by the Representatives) in which Loy, Harold, Gwendoline and Gianelli shall have equal shares {"MCF Holder"). Such an entity shall be named as the beneficiary of the MCF Bank Account.
5.5. The ReoresentativPs �hall open a savings bank account in an Indian sctieduled b"'nk in 13andra. Mumbai, which has internet banking facilities, with the MCF Holders as the holders/beneficiaries of · such entity ("MCF Bank Account"} 5.6. All proceeds from MCF Corpus and Annual Contribution, such as interest, tax refunds, etc and proceeds from sale of coconuts from the coconut trees shall be credited lo the MCF. MCF Bank Account income tax fil ings will be filed via a chartered account.ant mutually agreed and appointed by Representatives \"Accountant"). The Accountant as on the date of this Agreement has been mutually agreed by the Primary Parties and appointed by the Parties o. The Accountant can only be replaced with the mutual agreement of the Primary Parties.
5.7. The Pnmary Parties represent, warrant and covenantlo the Flat Owners, that notwithstanding Clause 5.5 above, the MCF Bank Account and all proceeds, benefits, interest and other benefits shall only be utilized for the Maudeslan Maintenance as specified in Clause 5.3, and shall be held in trust for the benefits of the Flat Owners, solely for Maudestan Maintenance.
5.8. The Representatives shall mutually agree to the most efficient and cost-effective structure for incorporating/setting up the MCF Bank Accounl The Representatives shall be joint signatoriP.s {not beneficiaries) for this bank account 5.9. Each Flat Owner shall contribute to the MCF as follows:
5.9.1.Rs. 21,00,000 {Rupees Twenty Lacs Only) lumpsum amount {i.e. Rs. 3,00,000/- (Rupees Three Lac Only) (as may be increased for market inflation, as determined by the Representatives) per Flat Owner, except Erika, to be contributed towards a corpus ("Corpus") for Maudestan Maintenance, especially Non-Routine Expenses.
5.9.2.0nce the Corpus reduces. due to utilization in accordance with this Agreement, the Flat Owners will replenish the Corpus, as per Clause 5.9.1 .
.)/.
::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::5.9.3.The Representatives w II invest t�1e Corpus in long term fixed deposits in an Indian scheduled bank, and interest thernfrom shall be credited to the MCF Bank Account 5.9.4.Annual contribution off!s. 12,00,0QO/-("'Annual Contribution") in a ggregate. i.e. Rs. 1,50,000/-
per Flat except Erika, towards P.outine Expenses of Maudestan Maintenance. Contributions towards items includin;1 property tax, to be per square footage/number of Flats/Gara ge, as custom arily done in ho•.1sing societies in Maharashtra. Annual contribution of property taxes to be contributed by eac·1 Flat Owrier based on the square footage of each Flat/Garage, as assessed by the applic;;,ble Mu nicipal Authorities. .
5.9-5.For Flat No. 4, the Tem:nts cu rrently occupying Erika's Flat as tenants, under the Maharashtra Rent Control Act, 199!: ("Rent Act') and are contributing towards Maudestan Maintenance incl uding municipal tax 1"Tenant Contribution") pursuant to the Affidavit. In this regard:
(a} Erika shall nol Je required to contribute to such MCF, including towards Annual Contribution to the extent of the Tenant Contribution, and till she receives possession of Flat No.4. It is cl.:1rified that Erika shall be responsible for paymeni of property tax under applicable law, a-. the Rent Act imposes such an obligation on the Flat owner and not the tenant.
(b) The Tenant Cont·ibution wi11 be utilized towards Maudestan Maintenance, in lieu of Erika·s contribution exenpted under Claus.a 5.9.5 (a}.
(c) Erika shall be en: tied to the net rent received from the Tenants. subject to deduction and payment of taxe� to be df'f1osited i·nto the MCF.
(d) Erika, as Flat Ov.ner of Hat No. 4 shall dir.ectly deal with the Tenants in relation to Flat No. 4. and shall )e responsible for compliance with, and enforcemenl of her rights, as owne r of Flat No 4.
5.9.6.fndividual Contributions towards rviaudestan Maintenance:
(a) The Flat Owners Land Holders aild Representatives will use best efforts to ensure they do not incur any payment from their personal accounts towards Maudestan Maintenance.
(bl Notwithstanding .: nything in Clause 5.9.6, if for practical or other reasonable constraints, any Flat Owner, ..and Holder or Representative has individually contributed towards. or incurs any expen:;es towar(lS any Maud estan Maintenance from their personal accounts such Flat Owner, Land Holder or R-epresentative:
(i) shall promptly inform the Representatives of the same:
(ii} reimbursed b) the MCF, as verified and confirmed by the Accountant. (c} It is clarified that :m amount. not exceeding the Prior Expenses shall only be reimbursed to Loy/Shirley frorn the MCF, provided they have been verified and confirmed by the Representatives .-indlor AcCJuntant.
5.1C.Thc. internal Ii�� and intE.:nal stJircase in th.3 N.:M 8;.iildi.:� shall be use;d �;.:ch.. sivcly :-x the N€N Building and th eir families ard guests. Flat Owners of Flat Nos. 6, 7 and 8 shall contribute equally (1/3rd each} towards:
(a) maintenance. repai1 and service contract of the lift.
(b) cost of painting ancl repair to the internal staircase and mher common areas in the New Building.
5.11.Represent"atives:
5.1 1 . 1 . The following represe ·1tatives have been appointed as Representatives by the Primary Parties as on the date of this A� ·eement:
(a) Michelle, as represe 1tative of :.ov; an-d f
(b) G ionelli . as joint 1ep·eseritativ� o Gwendoline, Harold and herself.
5 . 1 1 . 2 . In the event of the de nise or mental or physical incapacity or resignation or removal of the Representativ0s, the following individuals shall replace the original representatives:
(a) Kevin to replace Mic 1elle; and {b) Shyella to replace G onelli.
5.11.3. The Representatives nr their replacemen�s may be removed and/or changed with the prior mutual consent of all th•:· Primary •=>arties. Example : Michelle becomes mentally unsound and Kevin passes away, in lhis case _oy can only appoint an alt•ernative Representative that is approved by Harold, Gwrmdoline a'ld Gionelli.
5.11.4. All administrative wo1 k, including relating to the routine and non-routine operation and maintenance of Maudesl.;in and the MCF shall be with the Representatives, including relating to payment and fil!rig of taxes, tax returns, water bill, electricity bill, repairs, plumbing, communication with thirc parties, including applicable authorities, tax returns., taxes e\c, relating ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: to the landed Property and/or Maudestan and/or the MCF, Maudes's eslate and Monies shall be conducted by the Representatives. Neither Representative shall take any aclion without he t prior written consent (emails permitted) of the other Representallve.
5.11.5. For all decisions made jointly by the Representatives under this Clause 5.11, the mutually agreed decision or the Representatives shall be binding on the Parties.
6. SALE/ TRANS FER OF FLATS AND LAND 6.1. Notwithstanding anything contained in the Will:
6.1.1.Each land Holder and/or Flat Owner rTransferor"} shall have the right to sell, transfer, bequeath. charge, assign their interest ("Transfer") in the Respective Share in the Landed Property and/or Flat to any other Party or third party (uTransferee"), subject to compliance with the Byelaws, Rules and Regulations of the Society ("Society Rules") and applicable laws, and this Agreement including this Clause 6.
6.1.2.As a condition precedent to such Transfer pursuant to Clause 6.1.1. above: (A) the Transferor shall ensure that such Transferee execute a deed of adherence to this Agreement and comply with the terms hereof, upon the e'ffectiveness of such bequest, and the applicable Flat Owner or land Holder, failing which the Selling Party shall remain responsible for such compliance; (B) Each Land Holder shall obtain prior consent of the Society for Transfer to a Transferee, as per Society Rules.
6.1 .3.Each Flat Owner shall be entitled let out their respective Flat on leave and license for non-
commercial purposes for a period not exceeding 3 (three) years ("L&L") to any Transferee under the Maharashtra Rent Control Act, 1999 (or any re-enactment or replacement thereof) subject to compliance with applicable Society RuJes, applicable law and this Agreement. including this Clause 6.
6.1.4.The Parties agree that except for a Transfer and/or L&L in accodancti r with Clause 6.1.3 they shall not take any act which would create any sub-lease, lease (which is not a leave & license) over their Flat or Respective Share, which would create a tenancy, Pagri or other similar right over their Flat and/or Respective Share in the Landed Property. 6.1.5.Each Fial Owner shall, and shall ensure their licensee under an L&L, shall use the Flat for their respecli'1e personal residential purposes, and such Flat ::;hall not be directly or indirectly let out on a short-term basis (e.g. AirBnb, gu est house, home stay etc).
6.2. Redevelopment of the Landed Property requires prior written unanimous consent of the Primary Parties. In such an event. each of the Flat Owners (including Erika) shall be given suitable alternative accommodation by the developer in accordance with the development agreement. and only the Primary Parties will be entitled to any and all additional compensation and benefits (apart from alternative accomodation) provided by the developer. in 4 {four) equal shares.
7. MISCELLANEOUS 7:i. Each Party severally represents, warrants and undertakes to the other Parties as on the date of this Agreement, that such Party:
7.1.1.has full, unconditional right and authority to enter into this Agreement and consummate the transactions and transfers contemplated hereby. 7.1 .2.is not subject to any statutory or contractual restriction from entering into this , Agreement and consummating the transactions and transfers contemplated hereby. 7.1.3.is not bankrupt or insolvent under the law of any territory.
7.2. Gianelli represents and warrants t:> the other Parties that she is the sole undi sputed legal heir of Hugh.
7.3. Upon execution of this Agreement, the Broad Terms of Settlement - D'Penha Family dated 5 December 2025 ("Terms") stands terminated and shall have no further force and effect.
7.4. The Wi!I shall stand amended lo the extent stated in this Agreement and relevant provisions, including Clauses 18, 19, 20. 2 1 , 22. 23, 24. 26, 31, 32 and both paragrap hs below Clause 32 of t11e Wlll shall stand deleted. In the event of any inconsistency or contradictions between the Will and this Agreement, the provisions in this Agreement will prevail and override the said clauses in the Will.
7.5. Each of Parties irrevocably confirms and declares that this Agreement constitutes a full, final and complete settlement of all disputes, differences, claims and causes of action of whatsoever nature, whether known or un known , asserted or unasserted, present or contingent, arising out of or in connection with:
7.5.1.the Will;::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::
7.5.2.the estate of Maude.
7.5.3.the Landed Properly ar>d/or the Fldts; 7.5.4.any alleged acts or omissions of _oy in his capacity as executor of the Will, beneficiary, son.
brother. family member :>r otherwise; and 7.5.5.the Proceedings.
7.6. Waivers 7.6.1 .Each of the Parties {otht:rthan Loy J unconditionally and irrevocably wai ves. releases and forever discharges Loy from an, and all cl�ims, demands. actions. proceedings, liabilities, losses, costs or expenses, whether Cl'til, criminal, statutory or equitable, which they ever had. presently have.
in any jurisdictio n . arising out of or relating lo the subject matter of this Agreement. Each suc.h Party further covenants md undercakes not to institute, prosecute, revive. support or assist any claim, complaint. suit. ao.•peal. application or proceeding against Loy in respect of the aforesaid. 7.6.2.Except for a breach c · this Agr=ement by Sean, each of the Parties (other than Sean} unconditionally and irre1°ocably waives, releases and forever discharges Sean from any and all claims, demands, actions, proceedings, llabilities, losses, costs or expenses, whether civil. criminal. statutory or eq.1itable. which they ever had, presently have, or may hereafter have. in any jurisdicti on , arising :iut of or relating io the subject matter of this Agreement. Each such Party further covenants .md undertakes not to institute. prosecute, revive. support or assi st any claim , complaint, suit, apeal, applio:;alion or proceeding against Sean in respect of the aforesaid. 7.6.3.Except for a breach ol this Agreement by Kevin, each of the Parties (other than Sean} unconditionally and irre\ :icably wa ves. releases and forever discharges Kevin from any and all i claims. demands, actio·1s, proceedings, liabilities, losses, costs or expenses, whelher civil, criminal, statutory or eq1 itable, wh eh they ever had. presently have. or may hereafter have, in any jurisdiction, arising •)ut of or relating to the subject matter of this Agreement. Each such Party further covenants nnd undertakes not to insitu t te, prosect.te, revive. support or assist any claim. complaint, �uit, -�ppeal, application or proceeding against Kevin i n respect of the aforesaid.
7.6.4.Except for br�ach by the Society, of the High Court order dismissing the Suit against the Society.
pursuant to :he Conser : Tenns, E·ach of the Parties unconditionally and irrevocably waives. relea5es and forever discharges the Society from any and all claims, demands, actions. proceedings, liabilities, li.sses, cos•s or expenses, whether civil, criminal. statutory or equitable. which they ever had, pre ;ently have, or may hereafter have. in any jurisdiction, arising out of or relating to the subject matter of this Agreement. Each suct1 Party fu rther covenants and undertakes nol to institut :!, prosecute, revive, support or assist any claim, complaint, suit, appeal. application or proceedin!; against the Society, in respect of the aforesaid. 7.6.5.Nothing in this Cl&use 7 3 wil l restrict any Party from taking legal action against ancther Party.
for a breach of this Agrei:ment, the Consent Terms and/or the Release Deeds, and/or breach of applicable ldws.
7.7. All Parties agree and confirm hat t excer•t for the and court proc<>edings, to the other Parties named therein, in connection with the said Suit <'·nd Interim Application, the other Parties have not addressed any other 1etters/issued not1c:is to any -3uthorities, enut1es, inoi;iouals. or publi c ("Recipients"") in connection with the allegations against the Defendants and/or the property under dispute in the Proceedings ("Communicatic:n"'). To the, extent any such Communi cation has been issued, the same stands withdrawn and the ap�di cable Part shall issue written letters to the relevant Recipi ents to give ect thereto {"Withdrawal Letters") (eg. if a letter has been written to a third party s uch as the eff Municipality disputing the will , it will neecl to be withdrawn.} re 7.8. Parties acknowledge that the r: nti right. title and benefits to the Flats has been transferred pursuant to the Will, and this Agreemen1 does not ;imend the provisions of the Will in relation to bequest or the right, title and ownership of th•: Flats , to the respective Flat Owners under the Will.
7.9. The Parties hP.reto s!1all sign .3nc execute or cause to be signed or executed all such documents, deeds, writings and or instructions as may be necessary to give effect lo these presents arrived at amongst the parties hereto.
7.10. All expenses of or ir, ::;idental t•) this Agreement including legal fees. s�amp duty and registration charges (ifappl ical:ole), shall te borne and paid in equal prciportion by the Primary Parties. except the Release Deeds ani:!Jor Flat Documentation, the expenses of which shall be borne by ttle beneficiary of the applicable L.:1nded Property and/or Flat.
7. 1 1 . Parties agree and <ickr :>wledge that:
7.11.1. Michelle and Gionelli w ·10 are Parties to this Agreement; and (ii) Shyella. one the Beneficiaries who is the daughter of Ha ·old and sister of Sean. and also a Beneficiary ((i) and {ii} collectively refe Ted to as the "D'Penha Family Members"") have, with the knowledge and consent of all Partie� assisted in facilitating discussions in resolution of the disputes and ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: differences between the Parties, and in drafting and recording the mutually agreed terms of this Agreement.
7 1 1 2 Each Party, other the D Penha Family Members (each a "Declarant"), hereby acknowledge . . . ' and confirm that
(a) The Family Members have exercised good faith in arriving al the form and substance or this Agreement based on interalia the earlier oral understanding of Maude and her children and grandchildren and the Will, in the best interest of all Parties.
(b) decisions and terms contained herein, including any allotment of Flats. Landed Property or olher benefit or obligation on the Declarant are the result of the respective Party's independent deliberations and free consent, subject to the terms of the Will and the earlier oral understanding.
(c) None of the Family Members have exercised any undue influence, coercion, misrepresentation or control over any Party, and
(d) such Party has been adequately advised in connection with this Agreement.
(e) such Party hereby irrevocably waives any present or future claim or allegation that this Agreement or any part thereof is invalid, vitiated, voided, or unenforceable by reason of any or all of the Family Members involvement in the facilitation or preparation hereof. 7.12. Non obstruction:
7.12.1. Each Party (including their family members, representatives, agents, visitors and staff) shall not obstruct. intimidate, harass, threaten, abuse. confron t, or otherwise unlawfully disturb any Flat Owner, licensee under a L&L, lavvful occupant, licensee. ten ant, guest, employee, contractor or invitee or any other Flat Owner.
7.12.2. Without limitin g the above, no Pany shall: (i) initiate confrontations on or around tne Landed Property andfor Flats; (ii) make frivolo us and/or false nuisance or other similar complaints inten ded to disturb peaceful occupation: and/or (iii) contact or brief any third party (including neighbours, housing society/association members, building staff, security, or media/tabloids) with a view to pressurising or embarrassing any other Flat Owner or their licensees and/or their respective tenants, guest, employee, contractor or invitee.
7.13. The Parties agree that the existence. terms and contents of this Agreement, all negotiations leading to it, and all matters relating to the disputes settled hereby shall be kepi strictly confidential and shall not be disclosed to any person or entity except (i) to the extent required by law. regulation .
t and (iv) to the Society. Each Party shall be or court order, (ii) to professional advisers on a need-to-know basis, or (iii) for the purpose of implementation or enforcement of this Agreemen; responsible for ensuring compliance with this Clause 7.13 by their respective family members, representatives and advisers.
7.14. This Agreement shall be governed bythe laws of India and dispute, differences and questions arise either during the continuan ce of this Agreement or afterwards, the same shall be subject to the exclusive jurisdiction or the courts of Mumbai .
7.15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
, 7.16. This Agreement shall not be assigned by any Party without the p rior written consent of all other Parties in writing.
7.17. The rights and obligations of the Parties under this Agreement are several and not joint rights and/or obligations.
The Annexures are as follows Annexure A: Landed Property Annexure B: Description of Old Building & New Buildin g Annexure C: Girt Deed between Maude and Kevin Annexure D: Gift Deed between Maude and Sean Annexure E: Will Annexure F: Affidavit of Tenants Annexure G: Parking Annexure H: Sequence of events to complete the transactions contemplated by this Agreement. Annexure I: NOT USED Annexure J: Share Certificate Annexure K: Salsette Society NOC.
::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::IN WITNESS WHEREOF the Parties hereto ha,,e hereunto set and subscribed their respective hands on the day and year first hereinabove written :�1-
SIGNED AND DELIVERED )
by the within named FIRST PARTY
MRS.GWENDOLJNE MARY OLIVE/
��
Through her Constituted Attorney
Harold D'Penha )
SIGN ED AND DELIVERED
by the within named SECOND PART;'.
MR. GJONELLI D'PENHA
SIGNED AND DELIVERED
by the within named THIRD PARTY
MR. HAROLD CHARLES D'PENHA
SIGNED AND DELIVERED
by the within named FOURTH PARn:
MR. LOY KENNETH D'PENHA
SIGNED AND DELIVERED
by lhe within named FIFTH PARTY
Ms. MICHIELLE D'PENHA
SIGNED AND DELIVERED
by the within named SIXTH PARTY
MR. KEVIN D'PENHA
Through his Constituted Attorney
Loy D'Penha
SIGNED AND DELIVERED
by the within n amed SEVENTH PART(
MR. SEAN D'PENHA
SIGNED AND DELIVERED
by the within named EIGHTH PARTY
Ms. ERIKA OLIVEIRA
b�jeUq De51lr.tf
in the presence of Witness ...
Na� ;
:n the presence of Witness . .
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Annexure A
LANDED PROPERTY ABOVE REFERRED TO
ALLthat piece or parcel ofland or ground together with the building known as 'Maudestan' (Old building) and 'Maudestan Extension' (New bu ilding) thereon situate al 2/2A D'Monte Park Road, Bandra West, M umbai 400050, in the Revenl..!e Village of Danda in the Suburban District Registration Sub-Distri ct Sandra. admeasuring 1194 . 1 6 sq. yards or thereabout being the plot marked No. 1941195 on the Society's Estate Plan No. 1 and bearing Greater Mumbai Municipality H-Ward No. 1749 an d City Survey No. C/599 and bounded on or towards the North by St. Paul's Road, on or towards South by Plot No. 196, on or towards the East by D'Monte Park Road and on or towards the West by Plot Nos. 191 and 192.
Annexure Maudestan - Old Building:
i) Ground floor outhouse flat (admeasuring 993.3 sq. ft built up area) hereinbefore occupied by the late tenant Mrs. Seroo Chagla/ Mr. Farook Chagla, since vacated and presently in the possession of Loy as Executor and Trustee of the Estate of Maude D'Penha, referred to as "Flat No. 1", which has been bequeathed to Michel le D'Penha, vide Maude D'Penha's registered Will dgted 25"' November 2012.
ii) The ground floor flat (admeasuring 1468.62 sq. ft built up area) hereinbefore occupied by the Deceased Parents during their lifetime, referred to as "Flat No. 2·. which had earlier been gifted by Maude D'Penha to Kevin Gordon D'Penha. and also bequeathed to him vide Maude D'Penha's registered Will dated 25u. November 20 1 2.)Ground floor outhouse flat (ad r.ieasuring 997 sq. ft built up area), occupied by Mr. Hugh D'Penha (son, now oeceased), along with his wife Gianelli D'Penha, referred to as "Flat No. 3", bequeathed to Hugh D'Penha vide Maude D'Penha's registered Will dated 25ih November 2012, and bequeathed by Hugh D'Penha to Gianelli D'Penha.
iii) Flat on the first floor situated above Flat No.2 (admeasuring 1701.12 sq. ft built up area), a tenanted flat occupied by Mr. Marcel Gomes and Mrs. Ulrike Gomes, referred to as "Flat No. 4", bequeath ed to Erika Oliveira, vide Maude D'Penha's registered Will dated 25"' November 2012.
iv) Flat on the second floor situated above flat No 4 (admeasuring 1803.81 sq. ft built up area) referred to as "Flat No. 5". (along with a Garage admeasuring 283.62 sq. ft built up area) which had earlier been gifted by Maude D'Penha to Sean Gavin D'Penha, and also bequeathed to him vide Maude D'Penha's registered 'Mll dated 25:• November 2012.
Maudestan - New Building
v) Flat on the first floor (admeasuring 1653.33 sq. rt built up area) with Pocket Terrace referred to as "Flat No. 6" and occupied by Harold D'Penha along with his wife Rathina D'Penha, which has been bequeathed to Harold D'Penha and Rathina D'Penha · vide Maude D'Penha's registered Will dated 25111 November 201 2.
vi) Flat on the second floor above Flat No. 6 (admeasuring 1628.01 sq. ft) referred to as "Flat No. 7" and occupied by Loy D'Penha along with his wife Shirley D'Penha, which has been bequeathed to Loy D'Penha and Shirley D'Penha vide Maude D'Penha's registered Will dated 25•n November 2012.
vii) Flat on the third floor above Flat No.7, referred to as "Flat No. 8" which has been bequeathed to Gwendoline Oliveira vide Maude D'Penha's registered Will dated 251" November 2012.
::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::Annexure Sequence of Events Capitalized terms used but not define:! in this Ar nexure H have the meaning ascribed to such terms in the Con sent Terms.
The Family Agreement and the Consent Terms will be executed, filed and taken on record by the Hon'ble Bombay High court.
S. Action Timeline
No.
Defendant No. 1 . and the r�·;;pective Plaintiffs Within 1 0 days ol approval of the Release
(hereinafter referred to as ·t.and H :>lders·) Deed by the releaser and respective releases
and the Society.
agree and undertake lo ex•:·cute, slarnp and register Release Deeds wi 1 the cor cerned Sub-Registrar of Assurance� Society will also be a party to the release dee'd as indic-3ted by them in the NOC dated by Salse•te (22 December 2025) 2 The Land Holders agree c: id undertake to Within 3 business days of registration of the complete formalities in conne1;tion with release Release Deeds.
of the Landed Property to ma1<.e an application to Society for addition of Ille names of the Harold. Gwendoline and Gianelli to the Share ficate of the said Society in additior1 to the Certi Defendcint No. 1's name.
3. The parties to the Agreement, agre ;i and By May 3 1 . 2026 or such later date that the undertake lo carry out all the sleps for stc mping transferees are available for signing and and registration of documenta. on for per'ection registration, subjecl to the availability of the of the title of the Flats, to Flat Owne"s and Executor of the Will and the parties. related formalities with the ;oncernec Sub- Registrar of Assurances and may corsult a property lawyer as they deem ·it.
----
4. The Representatives agree <1nd undert.:ike to 3 1 January 2025 set up AOP/legal entity referre:l to in Clause 5.4 of the said Memorandum anc open the MCF Bank Account.
5. Michelle agrees and unoertak•?s to trani:fer to Within 2 business days after disposal of the Plaintiff No.2 (Gionelli), by wa'y of bank trr-insfer Suit. Notice of motion and Interim · Application or cheque. an amount of �s. 20.00.000/-
{Rupees Twenty Lacs Only}.
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6. Immediately upon opening of the MCF Bank Within 7 (seven) business days of the Account, the Representatives cigree and opening of the MCF Bank Account undertake to transfer the Remaining Monies (ir any) from the Maude Bank Account to the MCF Bank Accounl
7. Michelle agrees and undertakes to conduct (i) To be initia ted by 2nd week of January repair work to the sliding door and gate inside 2026.
Flat No. 6 and the Pocket Terrace causing
(ii) thereafter from time to time, if any leakage in Flat No 1 . For this, Defendant No. 3 leakage occurs from the Pocket Terrace, into (Harold) agrees and undertakes to permit entry Flat No. 1 , as verified by an independent contractor, (within reasonable timelines after to Michelle's appointed labor/contractor to Flat such leakage occurs).
No. 6 and Pocket Terrace, as the sliding door and gate inside Flat No. 6 need to be removed and refixed after the flooring to the relevant area, is waterproofed/sealed.
Defendant No. 3 (Harold) and Michelle agree and undertake to reasonably co-operate with each other in connection herewith, and Michelle undertakes to bear costs for this activity.
8. Plaintiff No. 3 (Harold) agrees and undertakes within 7 business days of this Agreement to provide access tc the Representatives, to the Property Tax onhne portal, including by making available any logins, passwords or such similar tools for accessing the same.
9. Defendant No.1 (Loy) agrees and undertakes Within 7 business days of this Agreement to provide access to the Representatives to the online portal, required to pay compound/garden I common electricity of Maudestan. , including by making available any logins, passwords or such similar tools for accessing the same.
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10. The Flat Owners agree and •mdertake to apply 3 1 May 2026 for. and obtain mutation of ll"·�ir respec·ive Flat.
in their respective names. f om t11e a�·plicable authorities, to enable separate pro�rty tax assessment and payment, :1s appllcal>le. The Flat Owners agrees and 1.ndertakes to co-
operate with the Representatives to enable payment of property taX!!S in th8 most convenient and efficient met·1od as del•3rmined by the Representatives, i e. via th<! MCF directly, or individually sub1ect to applicable laws.
11. Parties hereby withdraw th·� Commu1ication As soon as practicably possible (as defined in Clause 711 of It e said Memorandum) ii any and st 311 prompt•y issue the Withdrawal Letters (as defined Cla1;se 7.11 if any.
)
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1nhal:lt�"l· rc�:d�ns it ·r.�audc•u"- V. o·�.�ont" Par:O Ro;iJ.!. 3 �· 1 i � D'P£NHA ! :
ll�11dri, Mumbai COOOSO. hercin.ah..r callc� "THE OONfE- {which e•pressioti : l f � .:::!"
sh;al! un!'5s It e• rc:iu;:l\aM to the cantcir: er ��nin& thc:rcof. me.an ;me} il?
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(;a) 'tl'\c- Oonor lS. the o.wn�, of th� cu:i:j•:l6 �nown �s
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sltu:atcd at 1941195 (2i.2A) O'Monte ""'k Roac. 'B:inc::�. Mumbl•
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"'000$0. The Donor I• :al'o th• owner of !ho Ground floor ,.,,. ,, �3ie m:ain butlc!Jn� Miiud.,sun hrrelnafter refetr�d to :u · q ��scri�d In the �h�l�1 lb!". Th� SJill ti.r :admeaSt;rin;: 113.7 sq mls c.lrpet :a<C!:a .
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d' mu bcilr up "'U) is moro p:atticul:arty :: '::! � 0 � herC"Undcr wr1tt�n.
� � was connruC'tl:� bv the Oo�cr :and her late huSi.>�nt! �nla.111 (bi Thr BulldinJt M:auduun wher• tilr llbolft tround floor fl:at � °' 4 Donor (5tannvl O'Penh:a on the lusehold plot no. 190:/195 (21'Al ttM{)Atci Park l\oad leiised out to the Donor ;ond her btc hu:!)�n� bGa! s �fs�tte Ca.thoh� Cti..()pe.tatW� Hct.!!;ng Scc!�ty :;id� J:"'dentu·r&s d. �� 31\d 27 Sept.,mbcr 19 0 and 13 ftbru:ary 1943. lh� s!:ates U.:at per e th" dc::atn of hrr !:ale husb�r>d St�r:lsl�u• (Sunny) O'?en!;a n i �.t>rn'l'.i oi= th<" Will ol her late hu band the share and IMc<<'>t ol ncr l�ceiiu�Sn;G in the aforeuid properties ho.� been bequl!athed to her she has become the !ol lcsscz of the le��ed propeny ;1nd $Oi<: owner of the '. Gl CamScanner Scanr.orl \Virn ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: t ,.! _ _ _._..:._____________ _ •fore�ld fir. on the Clround 1\oor of Moudcnan.
{c) The Conee .ls t he Gr1nd.:.on of the Donor.
(d) The Do"•• MS auo boen allotted by lhe Donor the s;;ild 0.'!l In term�' of letter ol Allotment dated 28"' r�O'tem�r 2003.
(el IC) In CQn51dcratlon of n:atur:al ID¥e .and affection whicii the Oo nor bc�rs tc�•ds the OOr>cc. t he Donor ls desirous or malt.in& ;;i gltt o� tho pfd flat unto thor Oonec In the manner hereln:ifter appearing. tf) The DONE.£ h:is 'icc.eptc:d the uld gttt by cJ<�ulin;; thc�c prcsenu in tattmony hereof;
.w.?1 1¥"�� NOW THIS INOENTUftE WCTNESSETH THAT for etfectuatlnc the aforesaid desire and In «in.sidentlon of natuntl lov., and :affection which the Oonor be;in;
in � ?cdulc� ;�reuncG �� l 1e:i11
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,, towards the Oon11e. the Donor dolh hereby grant,. tr:oniJer.s, co .-.,.
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all and slngul;or her right, t11lc and interes1 ;,, the said ·� :; t(lij�� �� lmown •s ·M1udcsun" sltui't� at 194/195 (2/2AI ci�! � t er ln��l?Vt 8<indr:a, M::mbi'! 4000�0 tocethcr w!th �II her right, titte ft c:
l�� In th" said fbt ;and more p;ui:1�ulGrly desalbed �me._ ..!.!! written vnto the Oonee TOGCTH(R wi:h ;oll her righ� �d1U, ?,:'.�tOJ&c � appurtenances wlutsqcvcr or and In the s.a•d fbt or ALL hc:r esUte, right. interest, claim and dcm;ind .ind upon the uid flat 2s aforesaid /WO TO HOLD the whJ�c � �"-'"r c><t1uslve use of the Oonee forever :>bsolutely SUBJECT NEVEltr ·t-
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�� � r' p;ayment of an 2ssttJmcnts. �,u, ta>eu, ccsses. dues and o'lhoir outt;;olni; hereaher to become p1y2b1e to tJ>e S2id SOcictY :md/or to ;in y other foal or public body or authority In respect thereof ANO �he CQoor do:i-. hereby � represent, �r�nl :rnd c:ovcnant •with the Doncc THAT lh •he Conor h4t� coed
-��e u r;gt\t, fuU powe.r ;and ;absolute 2:uho:ity to crant. re�c:is • con u be unto and to the use of the Oonec. in mllnncr :;iforesai � the Silld fl;ot hereby grant.,d, «>leased, cor>vcyed, and ;iss re . · • d!so 10 o hereby further represent, wt>rrant and coven:ant wit "C Donor has not at anytime here to fore done or uecutc or been party or prtvy to ilOY aa ceed or thing whereby or l> Y 0 �on •J. means wne.reof the �id fl:it i>ereby .usuted or any p;irt thereof m;1y be encumb•red or ;tffcctcd in :iny m01nner wn:itsocvc:r or whcrcl>v tnc Donor ls ln anywist prevented from transferring, granting. convt·1in& ilnd ;isturing the �id O..t or any pan thereof in the manner afore.sillid ANO FURTHER THAi lt.c Dot'>or ilnd eNcry oerson having or lawfully or •qultably tlalmtoi; a�y es�;itc. right. tluc or Interest in the �id flit under or in trust for the Donor shilll and will from time to time and 21 all tJmcs hcrca�r. ilt the request and con oi the pct:;on or persons requiring the ..:>me, �ec:utc or do or c..us.c to be executed and done all wd'I anurances, i>cts, deeds. M;artcrs and things whiltsoevcr :ots n1ay be rea�nably r�qulred for the 1urth1!r ;rnd more perlcc11y .ilnd effec-;u;i!ly a$�urinc; 1he said flat and every part thereof untO ,if'ld to th" use of the 0�1".cc /..ND 1'T IS OECl.AAEO nfAT on eucutlon of this Oecd of GIFT the Concc hu become the abwlute owner of the Qld On and the Donor has ce;ised to have """ benefidal right, tltl• or lntcre.st It> the nld flat.
IN WITNESS WHE�EOF the Donor •• well u �he oonco by way of <icc:ep�nce ol C.e uld pft. h:t"e put their r.espe<=tive ha,,ds on th• d:>v :>nd year fir:t h•reinabove written.
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SCH!OULE ABOVE R�F!RR!D 1'0:
t:I�\ on the Ground Floot ad measuring 113.7 sei mu c;irpc\ ;i1c;i (13G.ol4 sq mu built up area} in the Main Buildin& •MAUCESTAN•, l.94/195 (2/2.A) O'Montc Park Ro<?d. Bandr<1 West. Mumbai 400050�t Vill:>&e Sandra, CTS No. C/599.
SIGNED. SEA1£0 AND DWVE�ED by the withlnn<1mcd MAUDE O'?ENHA · the DONOR abovenamed, In l��nee of ---------
SIGNED. SEALED AND DELIVERED by the withinnarncd KEVIU O'PENHA the OONEE abovenamcd, in the presence of --------
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�(J Inhabitant, residing ;it Hr.+audestan" 194/195 (2/2A} O'Monte Park Roa� . i ! � � '\? Bandru, Mumbai 400050 hereinafter called "THE DONOR" (which expressi� t ! � �!'· 1"' � {"1o.;J.._ Two thous;)nd and Thirteen Sffi.VEEN MAUDE D'PENHA l n df.yi .. . � )<�· �� � i . . .... � , -
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� shilll unless it be repugnant to the context or me.aning thereof, mean aild % �-�r ( Include his heirs. executon and administrators) of the One Part, and " ;
COOOSO, hereinafter called HTH E OONEE� (which expression shall unless it �-e ! ;; D'?ENHA through his Constituted Attorney HAROLD O'PENHA, lndl'!! 1 I_ Inhabitant, residing at HMaudestan'" 2A D'Monte Park Road, Sandra, Mu:nb�i � •· : � ,� r<:>pusn;lnt to the context er meaning thereof. mean and include his hei�. 1 ��·�It{ < ·�fR:
executors, administrators and ;issigns) of the Other Pan: · -
t � '> WHEREAS:-
The Donor is the Owner of the buading known as '� cv1t :l\:..-.l·...:.- :::::
(a) situated at 194/195 (2/2A) O'Monte Park Road. Sandri:
·y · 400050. The Donor is also the owner of the Second Jlo� �t ;; -;_:
(admeasuring 113.i sq mts carpet area equivalent to l36;t4 �mts 42 t�e "" ':;
built up area) together with an enclosed garage (admeasurir\& 2.J:B6 � 0 h.
Ground Floor of the said main building tv1audestan herelna�r ttii�t o .....
mts carpet area e��ivalent to 26.352 sq mu built up arf}l) c...i L ��� tl > ee referred to as the "said premises'". The said q:em�s�s � � ::a �rlydescribed in the Sch ,.edule-hereunder writt�. Q � \i.� ,.- ) ) d I � l > Q '\. � �,,,,.
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!!xecutc or do or cause to be executed and done all such assurances, act$,
deeds, matters and things whatsoever as may be reasonab!y required for the further and more perfectly and effectually assuring the said premises and every part thereof unto and to the use of the Donee ANO IT 15 DECLARED THAT on execution of this Deed of GIFT the Don ee has be co m e the absolute owner of the snid premises and the Donor has ceased to hove any beneficial right, title or interest i n the said premises.
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SCHEDULE ABOVE REFERRED TO:
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the DONOR ;i boveoa m ed in
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the OONEE abovenamed, through his
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I, MRS MAUDE LUIZA D'PENHA, aged 99 years, Christian Inhabitant residing at "Maudestan"
Bui ldir.g, 2 D'Monte Park Road, Sandra West, Mumbai 400050, do hereby revoke all my former WILLS and TESTAMENTARY WRITINGS and declare this to be my LAST WILL and TESTAMENT.
J At the time of making this WILL, I am enjoying good health {excepting an operation for fracture) and I have sound mind.
1. As regards the Status of my Family, ! was married to one Mr Stanny D'Penha in 1941 who � �.
died in Mumbai on 261h November 1999.
2. I have Three Sons named a)Mr Hugh, b) Mr Harold and cl Mr toy and One Daugh er narr _ Mrs Gwendoline Oliveira.
3. Mr Hugh is married to Mrs Gionelli but has no Children.
4. Mr Ha rold is married to Mrs Rathina and has Two Children named a) Mr Sean (s Mrs Shyella (daughter) S. Mr Loy is married to Mrs Shirley and has Two Child re n named a) !Yliss Michelle (daughter).
' ' and b) Mr Kevin (son).
6. 7. 8.9. Mr Loy is residing on the second floor {Maudestan extension) with his fami
10. Mrs Gwendoline is residing in Canada with her family manner hereinafter stated. In the event Mr Loy predeceases me, or is incapacitated for any reason acting as such E11ecutor my grandson Sean D'Penha be appointed as the Sole Executor I Beneficiary of this Will. Either of the Executors shall have a right to co-opt all or _., -
any of my children / grandchildren as Executors of this Will. In the event my children/grandchildren do not desire to take up or carry on the responsibility of Executor of this my Will, they can a ppoint any members of my family as Exe_cutors of this my Will. Ho�eve.r, ·in no circumstances, any person oth�r than my family members shall be appointed as Executors of this my Will.
12. I own the following mentioned immova ble properties :
gknown as "Maudestan" ·at 2/2A D'Monte Park Road, Sandra West, Mumbai One Buildin 400050 includingthe undivided landedproperty situated thereon.
This Building consists of two portions - Old and New - more particularly described in Schedule 1.
A. Old Po rtion of nMaudestan" Buildin g ·---
The Building was originaHy constructed jointly and equally by me and my late husband after our marriage on the plots of.la nd leased out by the Sal.;:ette.Catholic C:ooperative Housing Society Ltd, Mumbai.
After th e death of my husband, I became the sole owner of the said building "Maudestan" and. al�o.became the sole Lessee of the concerned plot_s as per the Will of my husband. _.......,,.., ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: < . ...
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The said build ing consists of :
i. The ground floor flat presently occupied by me (hereinafter, for the sake of brevity, re ferre d to as House No. 2).
ii. One outhouse which was occupied by my late tenant, Mrs Seroo Chagla {hereinafter, for the sake of brevity, referred to as House No. 1).
iii. Another outhouse, presently occupied by my son, Mr Hugh D'Penha in the capacity of tenant I occupant (hereinafter, for the sake.of brevity, referred to as House No. 3}.
iv. First floor on the top of House No, 2 hereinbefore·occupied by my late tenant, Capt Leslie Gomes, and now occupied by his son, Marcel Gomes and wife (hereinafter, for the sake of brevity, referred to as House No. 4).
v. Second floor on _the top of House No. 2 with garage on the gro (hereinafter, for the. sake of brevity, referred to as House No. S).
Out of the aforementioned Five Houses :
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':( 0 .( :} House No. 1 which was let out to Mrs: Seroo Chagla (since deceased) s - ---
matter of litigation pending in the Small Causes Court, Sandra. The said flat had been allotted to my granddaughter, Michelle D'Penha in terms of allotment letter dated 1 December 2000.
House No. 2 which is presently occupied by me as my residence, has been allotted to my . as an occupant I tenant.
Oliveira in terms of allotment letter dated l" December 2000.
House No. 5 is let out t o Morpheus Capital Advisors Pvt Ltd as licensee, presently occupied by their employee Mr Balu Nair. The said Hat along with g�rage ·On the ground floor of Maudesta n, has been allotted to my grandson Sean D'Penha in terms of allotment letter dated 1n December 2000.
The aforesaid old portion of the building was constructed during the years 1948 to 1952 by me and my late husband jointly and equa lly out of our personal funds.
B. New Portion of Maudestan BuildingExtension I have also con�truc�ed 3 flats on the top of House No. 3. For the sake of brevity,. 1" floor with terrace is referred to as House No. 6, 2"d floor is referred to as House No. 7, and 3'� floo r is referred to as House No. 8.
'\,../ House No. 6 is allotted / assigned by me to my son Harold I Mrs Rathina for certain Out of the aforementioned Houses in the Maudestan Extension:
�:JI" consideration under a confirmation agreement dated·&"' August 2002. v "-
()4\ House No. 7 is al lotted I assigned by me to my son Loy / Mrs Shirley for ce rtain consideration under a confirmation agreement dated 81h August 2002.
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�ll�tment letter dated Nil (stamp paper dated 13t11 May·2001). House No. 8 is allotted I assigned by me to my daughter Mrs Gwendoline Oliveira for certain consideration under a Letter of allotment dated 21" August 1999 and further
13. My Movable properties consist of the following :
a) Balances in my savings/ term deposit accounts/ Public Provident Fund accounts etc.
b) Cash on hand My wedding ring
c) Furniture and fixtures in my flat
d) ones that I shall acquire
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14. All the Estate and Property I own and possess as <>n date and the hereafter, I may sell, dispose of. gift, spend and/or alienate in any manner, shall belong to me absolutely and no one can claim any right, title and/or interest therein death.
15. In the event of my death, I direct my executor and beneficiary !O pay my debts bills, t�.:_� etc and perform religious rites and ceremonies concerning my death.
As regards mylmmovable·Properties :
16. I say that Houses No. 1,2,3,4 and S have been built by me and my late husband out of our own funds- I say that cost of House No. ·6, House No. 7 and House No. 8 have been funded Gwendo!ine are paying their respective shares of municipal taxes, water, ele towards the flats occupied by them. My daughter Gwendoline and family·;;o-r;e,_s1H·u Canada and she has let out her flat No. 8. My son Harold who was wor several years has now settled in Mumbai and has occupied his Flat No. 6. since the inception occupied his Flat No. 7. I say that Flat No. 5 (which w � ,,.,_. _ -
occupied by my erstwhile tenant Printer) h.as ·be'eo returned to me aft litigation right up to the Supreme Court. I say that the said flat has since b t me to a multinational company:
I say taking into consideration the needs of he family and my desire that my property be_ preserved in the name of the D'Penha family :
a) I devise anq bequeath House No. 3 on the. Ground Floor of the Old Building to my Son Hugh D'Penha.
b) I devise and bequeath House No. 4 on the First Floor of the Old Building to my granddaughter Ms Erika OfNeira.
c} I devise and bequeath House No. S on the Second Floor with garage on the ground "v/� floor of the Old Building to my grandson, Mr Sean O'Penha.
d) I devise and bequeath House No. 2 -On the Ground Floor or the Old Building presently occupied by me to my granQson, Mr Kevin D'Penha.
•I I devise and bequeath �l<?_use No. l on the Ground floor of the Old Building to my granddaughter Ms·Michelle D'Penha.
17. I say that House Nos. 6, 7 and 8 mentioned above have been funded by my children. therefore bequearh the respective flat� to my children as follows :
House No. 6 to Harold·and Rathina O'Penha
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18. I bequeath the entire landed properties 2/ZA (Maudestan) to my son Loy D' Penha for himself with full authority to dea l with it as he deems fit and proper and if he so desires, to sha re the benefits of the landed properties between himself and my sons and daughter Harold, Hugh and Gwendoline. My son Lqy a s beneficiary of the entire landed property shall have full authority to carry out Redevelopment, construction / repairs on the premises, use of FSI for construction I TOR benefits etc and none of rny othe r children have .
authority to object to the same. My son Loy if he so desires, can I should share the benefits of the above Redevelopment / FSI and �� I TDR between my children-an t! .......
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19. a) I further direct that·the rent received from my tenants in respect of Ho use Nos 1 and 4 ·. · ·• :_J I be credited to the Bank Accou nt mentioned in cla use 26 to be interalia utilized towards , taxes, expenses etc hereinabove / hereinafter stated. I further direct that in the e'Vent any t of the House Nos 1 and 4 become vacant my respective grandchil��n allotted the above �� flats shall be en itled to the be.nefits / rights.thereof in terms of cla use 16 (b) and (e) above thereof, subject te however my children paying respective· �hare of taxes. if payable for reasons stated hereinafter.. I further direct that if any of my grandchildren enter into a : ;·G �-
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compromise with any of my tena nts for vocotion of the respective House Nos a ,,,.-
� - · bequeathed to them, the compensation if any payable to such tenant sha ll b e a · .<.,.
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b) I direct reasonable expenses incurred towards litigation including lawyer' IIaneous expenses mcurred .in the sa1"d Court e tc m respect of House. \":.s and . .. ·1· _ .. 4 fees, m1sce • to be paid n<o. fise � <'-7-�/ ... ;-;\ ;:.i•i . ,..�
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times my children or their respective Attorneys shall be responsible"for purs uin ·;tne ta • • • r:>' in the Courts pertaining to the respective flats bequeathed to them.. However, ex .
towards litigation of the other fla ts allotted./ assign�d.,...to�y legal heirs will have·. to be .:f.
� = borne by my respective legal heirs out of their persohal fund s.
c) I say that at present my son Loy is looking after all my property m atters including litigation.. I direc.t that actual expenses incurred by my son Loy towar�s managing the above properties be paid From the mP.nies in the said account. I direct that .in the event my son Loy ceases to perform the above-functions as also re li nquishes to perform as Executor, my legal heirs so functioning as Executor shall be paid reasonable expenses for carrying out the above functions.
d) I direct that the land surrounding the building "Maudestan" sha ll be used for pa rking of personal vehicles by my Children and their legal Heirs in the m anner mentioned hereinaftet.
i. The space adjoining House No 3, which is presently used by my son Mr Hugh shall contin ue to be used by Mr Hugh.
�J._/ m: The space Ii. The space in front of the closed garage to be used by my son Mr Harold adjoining the House No. 1 to be 4sed by my daughte r Mrs Gwen"doline �'\/ Oliveira �· \) ..
Iv. The.space adjoining the House No. 2 occupied by me to my son Mr Loy I direct that in the event of ony of the res�ctive Houses allotted I beq ueathed to my # children being leased I let out by any of my Children to a ny third party, and they cease to f
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be in occupati on of any flats allotted I bequ eathed to them. their rights to the respective parking space as mention ed hereinbefore. s ha ll sand deferred-and prio ri ty shall be give n for parking to my child ren I grandchildren occupying the premises. I further direct that my Executor be fully authorised to change the allotment of parking space wh_enever the need so arises and none of my children could claim the respective Parking space as a matter of right.
20. a) The leasehold plots on which the building Maudestan and Maudestan Extension stand belong to the Sa lcette Catho!ic Cooperative Hou si ng Society Ltd and accordi ngly, to whomsoe ve r my houses are allotted / assigned and bequeathed shall fo llow the rules, regulations and bye-laws of the said Society. 1 sa y that l have nominated my sons Loy D' Penh a, Harold D'Penha �nd Hugh D'Penha as Associate Members of the Soc)ety which have been reflected in the Share Certificate of the Socie ty. I say that since I have bequeathed th e entire landed properties of Maudestan situated at 2/ZA O'Mon te Park Road to my son Loy O'Penha, I direct that he shall, after my demise, be designated as an f Ordinary Member of the Salcette Catholic Cooperative Housing Society Ltd and to exe rcise all powers that are presently being exercised by me. My son Harold D'Penha _will r c _o_ n_ t in __ue __ ,..._ _ __ �� \V e..-
to be designa ted. as ao Associate Member and the name of Hugh D'Penha as . socia � fT c�· - ?, .- --L--� Member shall be deleted from the Share Certificate for reasons mentioned herein er.
'./'1 /1 be neficiaries of this my Wlll may form any type of Association, sub-Society etc fo� upke�p� c � � •
b) If the Salcette Catholic Cooperative Housing Society. Municipal authorities etc s � • u::LJ LWJ.
maintenance etc for the entire building Maudestan and Maudestan Extension. However, till such Association, sub-Society etc is forme?, all the qccupanls I allottees of the building Maudestan and Maudestan Extensi!'.ln shall be liable to deposit / share I contribute when contribution towards the Municipal taxes. water charges etc stated commensurate to the are� of their tenancy '/occupancy/ ownership of th of my children /grandchildren (including Hugh O'Penha) and shall be sha.,..
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J."• I grandchildren as per the prevailing rates. charged by the appr H owever, if any of the flats I H9use Nos. 1 and 4 co n tin ue to be·tenan taxes etc shall be paid out of the ren t received from the �nan ts.
d) If any of my child ren I grandchildren fail to contribute their respective shares In the expenditure co ntribut ion mentioned in clauses 19 and 20 above co nce rning the immovable properties, I authorise my Executor to recover such defaulting sums with interest from the monies / benefits such defa ulters wou.ld otherwise receive under this Will and if necessary, the same be recovered t hrou gh Court or otherwise.
21. My children / grandchildren are aware that the houses allotted I bequeathed to them should at all times remain in the family. As such, If the.Beneficiaires I allottees and/o r their concerned legal heirs so decide that the houses allotted I beq ueathed to them be sold, t i is my desire that the same be so ld only to my family members, subject to restrictions that may be i mposed by the Salcette Catholic Cooperative Housing .Society Ltd and/or any statutory I controlling authority. Provided however, if any of my children I g randchildren sell the respective nat /house allotted I bequeat hed to them to a third party (not being a family member) it ls my desire that t_he benefit s of the landed property (including parkltig space on the landed property) and monies mentioned in clause 18 and 26 o tl"lerwise payable to them be fo rfei ted and my El<ecutor I Beneficiary deny such benefits to them as per my wishes.
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22. I have·filed an eviction suit in the Small Causes Court at Bandr2 against Farookh Chagla concerning House No. 1. I direct that after my demise the Suit continues to be filed I pursued in the name of my Executor I Beneficiary Loy D'Penha. Similarly, any other suit or action initiated I to be in itiated concerning my above properties be co ntinued I initiated by my El<ecutor I Be neficia ry Loy D'Penha.
As regards myMovable Property:
23. I devise and bequeath my Mo vable Propeny (except Cash on Hand, Shares, Fixed Deposits, Bonds, etc. Balance in my Sank Accounts I Deposit Accounts etc) Household Utensils and Furniture to my son Loy O'Penha.
24. I direct my Cash on Hand, Shares, Fixed Deposits, Bonds, Deposit Accounts etc and Balance in my Bank Accounts be utilised for payment of my Fune ral Expenses, outstanding Personai liabilities, outstanding Municipal Ta>ces, Water Charges, Electri�.and such other charges concerning my Properties and outstanding Professional fees.
25. Out of the ba la nce referred to in the preceding clau>e 24, l direct the fol lowin g amounts be given to my.grand daughters I daughter-in-law I maid as follows : ,...---
Rs 5,00,00� (Rupees 5 lacs) to be given to Mrs Sonya Cryer (granddaughter} ��\)��� Rs S,oo;ooo (Rupees 5 lacs) to be given to Ms Lisa Oliveira (grand daughter) Rs 5,00,000 (Rupees S lacs) lo be given to Mrs Shyella De Silva (�rand d aughter) ""'�'\}"\ r.�'tf -!'t li#_� �.q.� ���� :: .. · ....
� � Rs S,00,000 ( Rupees 5 Lac:;) to be given to Mrs Gionelli O'Penha (daughter-in-law} (8)'At � ba lan�7� Rs 1,00,000(Rupees 1 Lac) to be given to Ms lgnacin e (maid) :[; * � jzl�g
26. After paying the above amounts in the manner hereinabove stated, I beque � l � ��� ����� �ff;
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7' . * of my monies lying in various Bank accounts, Deposits etc to my son Loy � to utili2ed I invested by him in the manner he deems fit and proper, ind udin ffie;·.-.l "'- monies towards the maintenance of the bull.ding Maudestan / Maudesta!1 he deems fit and proper, to distribute part of my monies to my children / gra � from time to t ime . I further direct that the rent rece ived rrom my tenan� wi th respect to House Nos l and· 4 and contributions made by-my children towards municipal ta.xes, electricity, repairs etc in respect of the 'flats bequeathed to them be credited in a separate Bank account opened or to be opened by my ExecutO( singly or jointly with any of my . children I grandchildren.
27. In the event of my son Mr Hugh predeceasing me. whatever ls devised arid bequeathed in his favour through this WILL, shall stand devised and bequeathed in favour of his Wife solely.
28. In the event of my son Mr Harold predeceasio� me, whatever is devi sed and bequeathed in his favour through this Wilt., sha l l stand devised and bequeath ed in favour of his Wife and Son, jointly and equally.
29. In the event of my son Mr Loy predeceasing me, whatever is devised and.bequeathed in his favour through this WILL, shall stand devised and bequeathed in favour of his Wife and 3!'.!.jn ' the event of my daughter Mrs Gwendoline predeceasing me, whatever is devised and Son, jointly and equally.
\'�QJ Y bequeathed in hi s favour through this WILL, shall stand devised and beq uea thed in favour v �v't-' C>J� of her children, jointly and equally.
31. My Executor I Beneficiary shall have all rights of sale and liberty to liquidate any of my estate and properties and make any changes including development I redevelopment and I extension Of my properties at Maudestan / Maudestan Extension and if he so desires, the benefit of the same be shared between my children.
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32. I direct that in the event there be any contradiction or ambiguity in interpretation of this my Will, the interpretation .of my Executor shall be final.
I say that I have appointed my youngest son Loy D'Penha as my Executor and beneficiary of this my Will as he has singly for the past 45 years, looked after my late husband and my needs including my other affairs, i.e. properties and finances including litigation. My other children 'E=} � -:t0�f ']II�.
..., have chosen to ignore my needs and be of no help to me and my late husband, although my son Harold who was out of India for the past several years, has been looking after mv. needs along with my son Loy for the past 5 years or so. I ha\le full faith in my £xetu d -
' ';J.<!;> Z beneficial"'( Loy, who is aware of all my affairs and I can be assured that the properties I omeS--
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��·� I further say that I have bequeathed my monies I immovable properties as above favour 9f my son Loy O'Penha to ensure th"at after my demise the welfare of my children I . ·-
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grandchildren is taken care of in the manner my son Loy O'Penha thinks fit and proper as also .ip;t�, to avoio litigation and bickering In the family. My son Hugh O'Penhil has been a . �-�v ·,· .,.-;
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obstacle in the harmony of the family and has recently created obstacles in the inst .!'�,,"i �-
lift in the premises proposed to be installed in the bullding Maudestan Extension, llv . � ! ii//! l :'..!� } ;:
� ��'i:::.�·Y� well that at my ripe age of 99 years, the same s i a necessity to visit my child � �.
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extension of Maudestan Building on the first and second floors. Further, beio A\socia
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Member o the Salcette Catholic Coop � '�t{-'· Housing Society, my son Hugh }-
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wrongly claimed to be Jotnt owner of the u·nd1v 1 ded Jande<l pro perty whereupon ,, �- -;� Maudestan and Maudestan Extension stand. As .such, this wron gful claim by him has 'N "l>i"'�"' "-, · ...
/' me to devise and bequeath my landed property at Maudestao I Maudestan Extension son Loy D'Penha and be designated as Member of the Salcette Catholic Cooperative Housing e:.-f:f-G.d::- 4 L« f"i°""t =f....::z..,,-,(h'". Society so as to avoid litigation etc between the family members after my demise.
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IN WITNESS WHEREOF, I, MRS MAUDE LUIZA O'PENHA have set my hand and sign.ed this as my LAST WILL on this :IS''° day of November Two Thousand Twelve io the presence of the following Two Witnesses who also have signed in my presence and in the presence ot each other.
/ I hereby certify that today, :lS November Ii-.
2012, that Mrs Maude D'Penha is in s1'.>und mental health. I am witness to signing Will.
(MRS MAUDE LUIZA D'PENRAJ Witness No. 1 Signature Name & Address:
� �� WllOO" NO. 2 Signature c:J) � � , _ • · II iVT 11<::.ro11 f v. :Tu vl ftrv, · f 01 SA Yie:. H<l<ASl� WA-DAL-A( W) PJ...aT- No . J/./{ 9 f:F�oN?
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SCHEDULE I
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House No. 5
House No. 4
I Y House No. 1 House No. 2 House No. 3
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House No. 1 : Tenanted to Mrs Seroo Chagla now deceased House No. 2 : Occupied by Mrs Maude D'Penha House No. 3 : Occupied and tenanted by Mr Hugh D'P:enha Old Buflding House No. 4 : Tenanted to Capt Leslie Gomes now deceased House No. 5 : Occupied by Mr Balu Nair of Morpheus Capital Advisers House No. 6 with terrace : Allotted to and Occupied by Mr Harold Q!Penha House No. 7 : Allotted to and Occupied by Mr Loy D'Penha ew Building House ' No. 8 : Allotted to Mrs Gwendoline Oliveira 8 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: . .\.., ' .
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BELFER
[./!'-..] Dr. R.M. Shah Memorial Centre Bandra X-Ray Clinic ======= .. ==== = == 2, Bulfer, 147, Waterfield Road. (Ext.), Bs.ndrn {yV), Ivlumbo.i -'00050 "Zr 26406946. 26404470. 26412074. 65203971! • e-mail : [email protected].
Consulting Hours : 8 u.m. to J 2 noon & � p.m. to S µ.m. SUNDA y CLOSE 13th March 2 0 1 3 �t�(-'( 111
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Maude D1Penha was in sound mental health at the time of her signing her Will _ __ DrJ Raju R. Shah _·�.
w Dr. Deepak R. Sha}
M.D. D.M.R.D. (Born) M.D., D.M.R.D. (Bom)
• Ali �-Rays DIGlTAL with IITV & all procedures • Portabie X-Ray • Total Body So�ography • 3-D/4-D • 2-D Echoc1mliograp:
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·· I, MRS MAUDE LUIZA D'PENHA, aged 99 years, Christian Inhabitant residing at "Maudestan"
Building, 2 O' Monte Park Road, Bandra Wes.t, Mumbai 400050, do hereby revoke all my former WILLS and TESTAMENTARY WRITINGS and declare this to be my LAST WILL and TESTAMENT.
• At the time of making this Will, I am enjoying good health (eJccepting an operat ion for fracture) and I have sound mind.
1. As regards the Status of my Family, � was married .to one Mr Stanny D'Penha in 1941 who na� � died in Mumbai on 261� November 1999.
2. I have Thr!!e Sons named a)Mr Hugh, b) Mr Harold and c) Mr Loy and One Daugh er _ Mrs Gwendoline Oliveira.
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3. Mr Hugh is married to MrsGionelli but has no Children.
<1. Mr Ha rold is married to Mrs Rathina and has Two Children named a) Mr Sean (s Mrs Shyella {daughter}
5. Mr Loy ls married to Mrs Shirley and has Two Children named a) ! Yliss Michell e (daughter) ' ' and b) Mr Kevin {son).
6. 7. 8.9. Mr Loy s i residing on the second floor (Maudestan extension) with his famil
10. Mrs Gwendoline is residing in·C anada with her family manner hereinafter stated. In the event Mr Loy predeceases me, or is incapacitated for any reason acting as such Executor my grandson Sean D'Penha be appointed as the Sole Execu tor / Beneficiary of this Will. Either of the Executors shall have a right to co-opt all or .,/ -
any of my children / grandchildren as Executors of this Will. In the event my children/grandchildren do not desire to take up or carry on the responsibility of Executor of this my Will, they can appoint any members of my family as Exe_cutors of this my Will. Ho\A{ever, ·in no circumstances, any person other than my family members shall be appointed as Executors of this my Will.
12. I own the following mentioned immovable properties :
One Buildingknown as "Maudestan' "at 2/2A D'Mcinte Park Road, Sandra West. Mumbai 400050 includingthe undivided landedpropert�situated thereon.
This Building consists of two ponlons - Old and New - more particularly described in Schedule I. A. Old Portion of "Maudestan" Building The Building was originally constructed jointly and equally by me and my late husband after. our marriage on the plots of.la nd leased out by the Salc;:ette. Catholic Cooperative· Housing Society Ltd, Mumbai.
After the death of my husband, I became the sole owner of the said building "MaudestanN and. al�o.became the sole Lessee of the concerned plots as per the Will of my husband.
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i. The ground floor flat presently occupied by m e (hereinafter, for the sake of brevity, referred to as House No. 2).
ii. One outhouse which was occup ied by my late tenant, Mrs Seroo Chagla {hereinafter, for the sake of brevity, referred to as House No. 1).
iii. Another outhouse, presently occupied by my son, Mr Hugh D'Penha in t he capacity of tenant I occupant (hereinafter, for the sake.of brevity, referred to as House l':Jo.
3).
iv. First floor on the top of House No, 2 hereinbefore·occupied by my late tenant. Capt Leslie Gomes, and now occupied by his son, Marcel Gomes and wife (hereinafter, for the sake of brevity, referred to as House No. 4).
v. Second floor on .the top of House No, 2 with garage on the gro {hereinafter, for th�_sake of brevity, referred to as House No. S).
Outof the aforementioned FiveHouses :
House No. 1 which was let out to Mrs�Seroo Chagla (since deceased) is now matter of litigation pending in the Small Causes Court, Bandra. The said flat had been ·al lotted to my granddaughter, Michelle D'Penha in terms of allotment letter d ated 1 December 2000.
House No. 2 which is presently occupied by me as my residence, has been allotted to my House no. 3 is occupied by my son Hugh O'Penha and is being used by him f . as an occupant/ tenant.
Oliveira in terms of allotment letter dated 1" December 2000.
House No . 5 is let out to Morpheus Capital Advisers Pvt Ltd as Licensee, presently occupied by their employee Mr Balu Nair. The said flat along with garage -on the .ground floor of Maudestan, has been allotted to my grandson Sean D'Penha in terms of allotment letter dated 111 December 2000.
The aforesaid old portion of the bu ilding was constructed during the years 1948 to 1952 by me and my late husband jointly and equally ovt of our personal funds.
B. New Portion of Maudestan BuifdingExtension I have also con�ructed 3 flats on the top of House No. 3. For the sake of brevity,.1'1 floor i referred to as House No . 7, and 3'� with terrace is referred to as House No. 6, 2"d floor s floor is referred to as House No. 8.
"\r/ Ho use No. 6 ls allotted / assigned by me to my son Harold I Mrs Rathina for certain Out of the aforementioned Houses in the Maudestan Extension:
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consideration under a confirmation agreement dated·81h August 2002.
House No. 7 is allotted I assigned by me 'to my son Loy / Mrs Shirley for certain consideration under a confirmation agreement d ated 81h A ugust 2002.::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::
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House No. 8 is allotted I assigned by nie to my daughter Mrs Gwendoline Oliveira for ,certain . consideration under a letter of allotment dated 21" August 1999 and further allotment letter dated Nil (stamp paper' dated 13'h May·2001}.
13. My Movable properties consist of the following :
a) Balances in my savings/ term deposit accounts / Public Provident Fund accounts etc.
b) Cash on hand
c) Furniture and fixtures in my flat
d) My wedding ring
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14. All lt1e Estate and Property I own and possess•as on date and the ones that I shall acquire hereafter. I may sell, dispose of. gift, spend and/or alienate in any manner, shall belong to � my debts bills, t�.:_� me absolutely and no one can claim any right, title and/or interest therein till my death.
15. In the event of my death, I direq my executor a'nd beneficiary to pa etc and perform religious rites and ceremonies concerning my death.
As regards mylmmovable·Properties :
16. J say that Houses No. 1,2,3,4 and 5 have been built by me and my late husband out of our own funds. I say that cost of House No. 6, House No. 7 and House No. 8 have been funded several years has now settled in Mumbai and has occupied his Flat No. 6. since the inception occupied his Flat No. 7. I say that Flat No. 5 (which w litigation right up to the Supreme Court. me to a multinational company:
I say taking into consideration the needs of the family and my desire that my property be preserved in the name of the D'Penha family :
a) I devise ang bequeath House No. 3 on the Ground Floor of the Old Building to my Son Hugh D'Penha.
b) I devise and bequeath House No. 4 on the First Floor of the Old Building to my granddaughter Ms Erika Oliveira .
c) I devise and bequeath House Ne. 5 on the Second Floor with garage on the ground floor of the Old Building to my grandson, Mr Sea n D'Penha.
l devise and bequeath House No. 2 on the Ground Floor of the Old Building presently occupied by me to my gran9son, Mr Kevjn O'Penha.
I devise a nd bequeath H�use No. l on the Ground Floor of the Old Building to my granddaughter M s·Mlchelle D'Penha.
17. I say that House Ncs. 6, 7 and 8 mentioned above have been funded by my children. therefore bequea th the respective flat� to my children as follows :
House·No. 6 to Harold and Rathina D'Penha ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: . .
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House No. 6 to Harold and Rathina D'Penha House No. 7 to Loy and Shirley O'Penha House No . 8 to Gwendoline and Roque Oliv�ira
18. I bequeath the entire landed properties Z/ZA (Maudestan) to my son Loy D'Penha for himself with full authority to deal with it as he deems fit and proper.and if he so desires, to share the benefits of the landed properties between himself and my sons and daughter Harold, Hugh and Gwendoline. My son Loy as be neficiary of the entire landed property shall have full authority lo carry out RP<ievelopme!'lt, construction I repairs on the premises, use of FSI for construction I TOR benefits etc and none of my other children have authority to object to the same. My son Loy if he so desires, can / should share the � =nrl benefits of the above Redevelopment I FSI and TOR between my children-and
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19. a) I further direct that the rent received from my te nant s in respect of House Nos 1 and 4 '\ ., ::.> <-- � · "".: j' be credited to the Bank Account mentioned in clause 26 to be interalia utilize� towards taxes. expenses etc hereinabove I hereinafter stated. I further direct that in the event any of the House Nos 1 and 4 become vacant my respective grandchil�ren a llotted the above flats shall be entitled to the benefits I rights thereof in terms of clause 16 (b) and (e) above � a....
..--.-:"";:' � thereof, subject to however my children paying respective �hare of taxes, if payabl e for '{'":.--, � �� ':\'.1;� reasons stated hereinaftec I further direct that it any of my grandchildren enter into a compromise with any of my tena nts for vacation of the respective House Nos ·G , ,. �� �\ �\ ,'!:
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1sr b'<!Uo>thed to th•m, "" comp•os•tion if •ny P3'•bl• to •u<h ton•nt ''"" ho fi{s J �(� 11� Ji � ��.if.
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bJ I direct reasonable expenses incurred towards litigation including l awyer� cou £J·� · �'/ ' t' � p fees, mi�cellaneous ex e�ses incurr�d in the said Court etc in respect o_f Hou \ and :
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to be paid out of the momes lying with my Executor I Beneficrary.
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Provided, ho��er� ....
� .. :.;�� times my chilaren or their respective Attorneys shall be responsible'for pursuing)t n ca �ta s., � r .:::;."l. 1 � • ' _ .
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in the Courts pertaining to the respective flats bequeathed to them. However, ex n·ss �''
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towards litigation of the other flats allotted / assign�d....
to be--� borne by my respective legal heirs out of their perso·nal funds.
c) I say that at present my soo Loy is looking after all my property matters including litigation.I direct that actual expen ses incurred by my son Loy towar?s managing the above properties be paid from the mqnies in the said account. I direct that in the event my son Loy ceases to perform the above.functions as also relinquishes to perform as Executor, my legal heirs so functioning as Executor shall be paid reasonable expenses for carrying out the above functions.
d} I d irect that the land surrounding the building "Maudestann shall be used for parking of perso nal vehicles by my Children and their Legal Heirs in the manner mentioned hereinafter.
i. The space adjoining House No 3, which is presently used by my son Mr Hugh shall continue to be used by Mr Hugh.
The space in front of the closed garage to be used by my son Mr Harold The space adjoining the House No. 1 to be used by my daughter Mrs Gwen·aoline Oliveira The.space adjoining the House No. 2 occupied by me to my son Mr Loy I direct that in the event of any of the res�ctive Houses allotted I bequeathed to my �-
children being leased / let out by any ot my Children to any third party, and they cease to ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: . I I � , ·�� ...., .
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20. a) The leasehold plots on whi ch the building Maude stan and Maudestan Extension stand 1 have nominated my sons Loy belong to the Salcette Catholic Cooperative H ousing Society Ltd and ilCcordingly, to whomsoever m_y houses are allotted / assigned and bequeathed shall follow th e rules, regulations and bye-1<1ws of the said Society. I s.ay that O'Penha, Harold O'Penha and Hugh D'Penha as Associate Members of the Soc)ety which have been renected in the Share Certf i ica te of the Soc ie ty. I say that since I have bequeathed the entire landed properties of Maudestan siruated at 2/2A O'Monte Park Road to my son Loy D'Penha, I direct that he shall, after my demise, be designate<! as a n Ordinary Member of the Salcette Catholic Cooperative Housing Society Ltd and to exercise arc:T- ?, all powers that are pre�ntly being exercised by me. My son Harold D'Penha will co""tin n""
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_ r to be �esignated_ as an Associate Member and the name of Hugh O'Penha as �sociat Member shall be deleted from the Share Certificate for reason_s mentioned h er.e n i �·�
b) If the Salcetre Catholic Cooperative Housing Society. l�!unicipal authorities etc s.r-+ =--
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- ---' beneficiaries of th1s my Will may form any type of Associ ation, sub-Society etc fo upke�p� 0 � � maintenance etc for the entire building Maudestan and Maudestan Extension. However, till such Association, sub-Society etc is formep, all the qccu pa ots I allottees of the building Maudestan and Maudestan Extensi.on shall be liable to deposit I sha re I contribute when required certain amounts with my Executor towards external repairs, maintenance of the �"'· ·ertiltl:a� ct:..�, .
building, municipal taxes, water charges, electricity, legal charges, administrative charges and for such other common expenses concerning the building. I say that th�itrl! � t:::-
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��\ contribution towards the Municipal �axes. ·water charges etc stated a .l ��':\\ commensurate to the are� of their tenancy /occupancy/ ownership of th . �·ve of my children /grandchildren (including Hugh D'Penha) a nd shall be sha � · are t ..: rik. i; • c e. auth.
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/ grandchildren as per the prevailing rates charged by the appr taxes etc shall be paid out of th� rent received from the �nants.
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However, if any of the flat> I House Nos 1 and 4 continue to be tenan � .i"'. _.;� .��J. � , / 9 ,\'S�· . .
purposes mentioned hereinabove and such collections could be monthly, quarte i'IY::aii ...
c} My Executor sha!I have all powers to decitje the amount to be collecteo iitt � ,_,...
otherwise as decided by my Executor.
d) If anv of my children I grandchildren fail to contribute th eii respective shares in the expenditure con tri butio n mentioned in clauses 19 and 20 above concerning the immovable properties, I authorise my Executor to recover such defaulting sums with in te rest from the monies / be nefits such defaulters wouid otherwise receive under this Will and if necessary, the same be recovered through Court or otherwise.
21. My children / grandchildren are aware that the houses allotted I bequeathed to them should at all ti m es remain in the family. As such, if the.Beneficiaires I altottees and/or their concer·ned l.ega! heirs so decide that the houses allotted I bequeathed to them be sold; i t is my desire that the same be sold only to my family members, subject to restriction s that may be imposed by the Sal�ette Catholic Cooperative Ho.using .Societ}'. Ltd and/or any statutory / controlling authority. Provided however, if any of my childre n I grandchildren sell the respeetive flat /house allotted I bequeathed to them to a third party (not being a family m em b er) it is my desire that t.he benefits of the landed property (including parking space on the la nded property) and monies mentioned in clause 18 and 26 otherwise payable to them be forfeited and my Executor/ Beneficiary deny such benefits to them as per my wishes.
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22. I have·filed an eviction suit in the Small Causes Court at Bandra against Farookh Chagla concerning House No. 1. I direc::t that after my demise the Suit continues to be filed / pursued in the name of my Executor I Ben eficiary Loy D'Penha. Similarly, a ny other suit or action initiated I to be initiated coiicerning my above properties be continued / initiated by my Executo r I Beneficiary Loy O'Penha.
As regards myMovable Property:
23. I devise and bequeath my Movable Property (except Cash on Hand, Shares, Fixed Deposits, Bonds, etc. Balance in my Bank Accounts / Deposit Accounts etc) Household Utensils a nd Furniture to my son Loy D'Penha.
24. I direct my Cash on Hand,.Shares, Fixed Oeposits, Bonds, Deposit Accounts etc a nd Bala\lce in my Bank Accounts be utilised for payment of my Funeral Expenses, outstanding Personal liabilities. o utsta ndi ng M unicipal Taxes, Water Charge�. ElectriS!!_ y,and such other charges concerning my Properties and outstanding Professional fees.
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25. Out of the balance referred to in the preceding clause 24, I direct the following amounts be given to my grand daughters I daughter-in·l<1w I maid as follows :
Rs 5,00,00� (Rupees 5 Lacs) to be given to Mrs Sonya Cryer (granddaughter} '\��u�:�lti���\ Rs 5,00,000 (Rupees s Lacs} to be given to Ms Lisa Oliveira (grand daughter) Rs 5,00,000 (Rupees S Lacs} to be given to Mrs Shyella De Silva (_gra nd daughter) (.;g)°b Y','r!f� �� �4.����\"
1�f Rs 5,00,000 (Rupees 5 Lacs) to be given to Mrs Gianelli O'Penha (daughter-in-law) �� :
Rs 1,00,000 (Rupees 1 Lac) to be given ro Ms lgnacine (maid) *l
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26. Aher paying the above amounts in the manner hereinabove stated, I beque * balan .1 � �lW �� zl� �!<!��� ��·� of my monies lying in various Bank accounts, Deposits etc to my son Loy �� to utilized I invested by him in the manner he deems fit and proper, in ciudi n :--.
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mo nies towards the maintenance of the building Maudestan / Maudesta!"
·he deems fit a nd proper, to distribiite part of my monies to my children I gra from time to time . I further direct that the rent received from my tenan� with respect to House Nos l and.4 a nd contributions ma de by-my children towards municipal taxes, electricity, repairs etc in respect of the flats bequeathed to them be credited in a separate Bank account opened or to be opened by my Executor singly or jointly with any of my . children I grandchildren .
27_ In the event of my son Mr Hugh predeceasing me, whatev=r is devised arid bequeathed in his favour through this WILL, sha ll stand devised and bequeathed in favo ur of his Wife solely.
28. In the event of my son Mr Harold predeceasing_ me, whatever is devised and bequeathed in his favour through this WILL, shall stand devised and bequeathed in favour of his Wife and Son, jointly and equally.
29. I n the event of my son Mr Loy predec�asing me, whatever is devised and· bequeathed in his favour through this Will, shall stand devised and bequeathed in favour of his Wife and �jn Son, joi ntly and equally.
- 'the event of my daughter Mrs Gwendoline predeceasing me, whatever is devised and ..
,� ..._ Jbequeat hed in his favour through this WILL, shall stand devised and bequeathed in favour v : \, �'\i ,\..J of her children, jointly and equally. ('�
31. My Executor I Beneficiary shall have all rights of sale and liberty to liquidate any of my estate and prope�ies and make any changes including development I redevelopment and extension of my properties at Maudestan I Maudestan Extension and if he so desire.s, the benefit of the same be shared between my children.
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a2. I direct that in the event there be any contradiction or ambiguity in interpretation of this my Will, the interpretation of my El<e�utor shall b<? final.
I S<Jy that I have appointed my youngest son Loy O'Penha as my Executor and beneficiary of this my Will as he has singly for the past 45 years, looked after my late husband and my needs including my other affairs, i.e. properties and finances including litigation. My other children t 'T1'li � hav,e chosen to ignore my needs and be of no help to me and my late husband, although my f;:
son Harold who was out of India for the past several years, has been looking after my needs fli�meS-
along with my son Loy for the past 5. years or so. I have full faith in my Ex e � · �� - �
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beneficiary Loy, who is aware of all my affairs and I t:an be assured that the properties / I� to him would be taken care of and to look after the family needs as he deems fit.
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I further say that I have bequeathed my monies I immovable properties as above ef§� ; .-:;.� . �, in favour 9f my son Loy D'Penha to ensure �h:"� after my demis� the welfare of my children I grandchildren is taken care of in the manner my son Loy O'Penha thinks fit and proper as also the l V�� to avoio litrgation and bickering in family. My son Hugh O'Penha has been a � ��,._'� ·• fullx-
obstacle in the harmony of the family and has recently created obstacles in the inst l�il lift in the premises proposed to be installed in the building Maudestan Extension, well that at my ripe age of 99 years, the same is a necessity to visit my childre mt:: ,/. ,.t}i,\ :r�.:
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f/��� It ��:· in extension of Maudestan Building on the first and second floors. Further, bein � »�· l ' !';! jf.;{!jj' "
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Member of the Salcette Catholic Cooperative Housing Society, my son Hugh I:>'" � � NJx �itti� �� �"' wrongly claimed to be joint owner of the undivided landed property whereupon Maudestan and Maudestan Extension stand. As such, this wro n-'<•I claim by him has """"' ::...
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me to devise and bequeath my landed property at Mavdestan I Maudettan Extension son Loy D'Penha and be designated as Member of the Salcette Catholic Cooperative Housing � 4\..G:r fr'-d �I�.
Society so as to avoid litigation etc between the family members after my demise.
-\!}"� V!>·,11 -5h� IJ �� IN WITNESSWHEREOF, I, MRS MAUDE LUIZA O'PENHA have set my hand and $lgned this as my WILL day of November Two Thousand Twelve in the presence of the Witnesses I.AST on this .7.5'"
following Two who also have signed in my presence and in the presence or each other.
ir, I hereby certify that today, :JS November 2012, that Mrs Maude D'Penha is in sound mental health. I am witne$S to signing Wilt <:[} �o-;
Witness No. 1 · Witness No. 2 _ Signature _,(/. Signature �Jv� -- · Name & Address: /t, NT1-f<:."''f f · V. JV I.A FftV , /01 .SA v10 H�us£, . {_ w) Pl cT· No . JJ.;CI '<f.,/'.io1t:1> JC Mvr�-u3AJ- J..foo 0 3 1 . W14DAt...A JiD I ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: ' ) ..... �--� ,... , ._ ._..___ ��� �- . ,,• . . .. ·-::.. ./.. .•.. . . . . .. ·• . . . \ .,-,\ I .. . � .. ... . . ' . �· # A-, .. ' '-"'·: . , .. " , •.,. i--....._ �\- � �-.... ...___ \\� ,". )I JI I � >,\> '�;. / - � ,, I ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: ----· -- - --- . . .. . .. ·� .· ·' . ... {< . SCHEDULE I - I I House No. 5 II House No. 4 \\· I v " House No. 1 House No. 2 House No. 3 \J � ·� I I I \.
House No. 1 : Tenanted to Mrs Seroo Chagla now deceased House No. 2 : Occupied by Mrs Maude O'f'enha House No. 3 : Occupied and tenanted by Mr Hugh O'Penha House No. 4 : Tenanted to Capt Leslie Gomes now deceased } Ord au;rd;ng L. House No. 5 : Occupied by Mr Balu Nair of Morpheus Capital Advlsors ]New Building House No. 6 with terrace : Allotted to and Occupied by Mr Harold D'Penha House No. 7 : Allotted to and Occupied by Mr Loy D'Penha House No. 8 : Allotted to Mrs Gwendoline Oliveira <y-· 8 ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: ' ., I' ..
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i here by certify today that I, Dr RAJU SHAH was a witness to Mrs. MAUDE D'PENHA signing of her will on 2 Sth November 2 0 1 2 .
Maude D'Penha was i n sound mental health a t the time of her signing her Will � � !P
--�·�r. Raju R. Shah Nt.D. O.M.R.D. (Bom) PJJ u /�1 � g_,/ ,,-;1 .- Dr. Deepak R. Shal M.D., D.M.R.D. {Born) � • All X-Rays DIGITAL with IITV & all procedures • Portable X-Ray • Total Body So�ogrnphy • 3-0/4-D • 2-D Echoc�rdiograp' � Portable Sonography & 2-D Echo • Whole Body Colour Doppler • OPG • LAT CEPH • PATHOLOGY • DEXA ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: .....
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Summaryl (GoshwaraBhag-1)
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THEKAPOL CO-OP. BANK LTD.
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FRANKINGrDEP0$1T SllP 6
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319658
Pay�-:� . Sta.'rip OiJt.J
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Franmg Value
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service Cliarges
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Mumbai 400 050, solemnly state �s uncler:
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We pay/continue to pay the current rent :ind permitted increases ir.
rent/taxes applicable from tim_e to time as imposed_ by the Appropriate
1.
Authorities. .
{;pn�ribute/(;ontjque to cbntr.ib,1.ft� our proportj9na.t� sh�r� towards repairh paintir:iit drainag�, .Pl'l!tIJDihg etc , of the main oul!d�ng.
"Maudes�an''.
Contribµte our share towards security of tbe building "Maudestan".
Comply from time to time with l egislations/ enactments/ amendments I .
4. to thy Maharashtra Rent Control Act, 1999 or any other law applica:hle to the tenancy of the said tena!!ted fla� Not to fransf!=Jr and/Qr permit occupation of the said tenante(iifl�t to aq,y ·, . .
::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::party or family member under S/7 (15) of the Maharashtra Rent Control Act, 1999 and no members of our famfJy/iegaI heirs or third par!J will have the right to tenancy on our demise.
7. So long· as Maud� D'Penha or her hejrs c9ntinue to be th_� o��I'$ and l andla dy/laqdlo.rds 9f the said tenanted flat in our octup�tiOIJ. On_ ·the demise of us, Marcel Gomes and Uiri �e G_om�s, the tena·°''! 9f lti� said
-. ....an end and the said tenanted flat 'Will. tenan ted flat shall come to automatically devoJve upon. M�ude D'Penha ai:id or a.ny of her l;teirs, �fio .
win be at liberty to take posse§sion of the said tenanteq ft.a_F.
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Solemnly affirmed at t�umbai )
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(1) MARCEL GOMES.�nd
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(2) ULRIKE GOMES.�
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on this W day of �013 )
in the presence of: )
Before me
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. MARGh'L .GOMES
AFFIDAVIT OF
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-� THE S ALSETTE CATHOLIC CO-OPERATIVE HOUSING SOCIETY LTD.
���� :"'.'.�il".\i Registration Certificate ·\2 St. Androvis Road. No . 1 9 1 4 dt. 29 May 1 9 1 8 8andrn, Mumbai - 400 050 GST NO.: 27AAAAT0 195N1Z4 �c>�.., Tel.: 6821 9795 I 65092066 Website : ww.-1.scchsl.not f mnil : [email protected] TOGETHER WEGROW S S / I 9-l/ 1 95/K. S. 12'29 22'"J December �025 To ;\-Jr. Loy D'Pcnha �laud.:stan Extension. 2n" Floor Bandra ( \V), f\fllmbai - 400 050.
2 D'� lontc Park Ro;"td S u h : P�lrtitinn Suit i\o. � o f 2 0 1 8 Dl!ar Sir Pka.sc note lhat the S31Sclte S oc iety grams its No Objection certificate to the partii.:.s, s1�bjcct to the approval of th!.! �Jcmomndum. Release Deed and Conscn[ Terms to be sent to the Managing Comm ittee for approval. The socie1y should be made a Confirming party to the R<.:lcasc Deed.
Your� faithfully, For The Salscllc C;nholic Co-op llsg. Soc. Lrd . .
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• ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: OOOJsign Envelope ID: B67A2C80-8DF1-4E5&-�08A203AD6 MEMORANDUM OF EARLIERORAL FAMILY SETILEMENT This memora ndum Is the recording ofan ear1ier oral family settlement ("Agreement") and is made and entered into at Mumbai this 23rd day of December 2025 and is effective from the dale hereof BETWEEN MR. LOY KENNETH D'PENHA adult Indian Christian inhabitant residing at Rat on the Second Floor, Maudestan Extension, 212A D'Monte Park Road, Bandra (West), Mumbai -400 050 hereinafter referred to as "Loy• (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors and administrators) of the First Part;
MR. HAROLD CHARLES D'PENHA.adult Chrislian Indian i nhabitant residing at Flat on the First Floor, Maudestan Extension, 212A D'Monte Park Road, Bandra (West), Mumbai -400 050 hereinafter referred to as "Harold. (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors and administrators) of the Second Part;
AND MRS. GWENDOLINE MARY OLIVEIRA adult Christian presently residing in Canada at Majestic Court, LPH10-60 South Town Centre Blvd. Markham, ON, L6G OC5. Canada, formerly residing in Canada at, 117 INGRAM ROAD, MARKHAM, ONTARIO, L3S 4E2 . and having an address in India at Flat on Third floor, Maudesta n Extension, 2/2A D Monte Park Road. Bandra (West) Mumbai - 400 050, hereinafter referred to as "Gwendoline" (which expression shall unless it be repugnant to ttie context or meaning thereof be deemed to mean and include her heirs, executors and administrators) of tt1e Third Part;
2/2A MRS. GION ELLI VALENTINA GERTRUDE O'PENHA, wife of l ate Hugh D'Penha ("Hugh"), adult Indian Christian inhabitant residing at Flat on the Ground Floor, Old Maudestan, D'Monte Park, Bandra (West), Mumbai - 400 050 hereinafter referred to as "Gionem• (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include her heirs, executors and administrators) of the Fourth Part;
Each a 'Primary Party• and collectively the "Primary Parties· MICHELLE O'PENHA.adult Indian Christian inhabitant residing at Flat on the Second Floor, Maudestan Extension, 212A D'Monte Park Road. Bandra (West), Mumbai - 400 050 hereinafter referred to as "Mi chelle" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include her heirs, executors and administrators) of the Fifth Part;
M:!.Q KEVIN D'PENHA,adult Indian Christian inhabitant having a permanent address at Flat on the Second Floor, Maudestan EXlension, 212.A O'Monte Park Road , Bandra (West). Mumbai - 400 050 hereinafter referredto as "Kevin" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors and administrators) of the Sixth Part;
M:!.Q SEAN D'PENHA adult Indian Christian inhabitant presently residing in Singapore at SA Kova n Road #02-22 Kovan Residences Singapore 544895 and having an address in India at Flat on the First Floor, Maudestan Extension, 212A D'Monte Park Road, Sandra (West), Mumbai -400 050 hereinafter referred to as "Sean· (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors and administrators) of the Seventh Part; AND ERIKA OLIVEIRA ad ult Indian Christian inhabitant presently residing in Canada at Majestic Court. LPH1�0 South Town Centre Blvd, Markham, ON, L6G OC5, Canada, formerly residing in Canada at, 1 17 INGRAM ROAD, MARKHAM, ONTARIO, l3S 4E2 having an addressin India at Flat on Third 6oor. Maudestan Extension, 2/2A D Monte Park Road, Bandra (West) Mumbai - 400 050, hereinafter referred to as 'Erika" (which expression shall unless it be repugnant to the context or meani ng thereof be deemed to mean and lndude her heirs. executors and administrators) of the Eighth Part;
::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::Docusign Envelope ID: B67�C8[)..80F1-jll!58-AEACl-B8F08A203AD8 ' 1 • l Each an "Additional Party• and collectively, the "Additional Parties•.
The Primary Parties and the Additional Parties are hereinafter referred individually as "Pa rty" and collectively the •Parties".
Capitalized terms have the meaning ascribed to such terms within the Agreement and Annexures.
RECITALS WHEREAS:
A. The late Stanislaus Anthony O'Penha ("Stan") and the late Maude Luiza D'Penha ("Maude"), collectively rererred to as "Deceased Parents• were the original joint lessees or certain landed pr.operty admeasuring 1194.16 sq yds on the P'!ot of land, 194/195 (212A)D'Monte Park Road, Bandra West, Mumbai 400050 at Village Bandra, CTS No. C/599, more particular1y describe9 in Annexure A.hereunder (hereinafter referred to as the "Landed Property"). Landed Property was leased to the Deceased Parents by the Salsette Catholic C<X>perative Housing Society Ltd ("Society") pursuant to the Indenture of Leases dated 27th September 1940 and13th February 1943 which is represented by Share Certificate No.72 {"Share Certificate") for 10 (ten) sh&res of Rs.50 (f ifty) each (Distinctive Nos.711 to 720, both inclusive) issued by the Society, a copy of which is annexed as Annexure J hereto. ("Society Shares") B. The Deceased Parents had 4 (four) children, i.e. 3 (three) sons Hugh (now deceased), Harold, and Loy and 1 (one) daughter, Gwendoline.
i. Harold is married to Rathina D'Penha ("Rathina") and has 2 (two) children, Sean and Shyella De Silva ("Shyella").
ii. Loy is married to Shirley D'Penha ("Shiriey") and has 2 (two) children. Michelle and Kevin. iii. Hugh (now deceased) was married to Gionelli and has no d1ildren. Gionelli is Hugh's sole legal heir upon his demise.
Iv. Gwendoline was married to Roque Oliveira (now deceased) and has 3 (thee) r children, Erika, Sonya Cryer ("Sonya') and Lisa Oliveira ("Lisa").
C. On the Landed Property, is built, two portions ofthe building known as "Maudestan" i.e. Old Building and New Building, more particularly described in Annexure B. i. The Old Building was jointly funde<I and constructed by the Deceased Parents during their lifetime. ii. The New Building comprising the New Flat s and common areas (e.g. staircase, landings, Small Terrace, lift, etc.), was constructed d uring the lifetime of Stan a.nd Maude and was jointly and equally funded by Loy, Harold & Gwendoline, to the extent applicable to their respective New Flat.
D. After the demise of Stan on 26th November 1999, Maude became the sole lessee of the Landed Property and owner of the Old Flats in terms of hiswill dated 61h August 1998.
E. During her lifetime, Maude had:
i. gifted Flat No. 2 to her grandson, Kevin and Flat No. 5 with the Garage to her grandson, Sean
vide two registered Gift Deeds both dated 131h March 2013 ("Gift Deed(s)"). The Gift Deeds are annexed hereto as Annexure C and Annexure D; and ii. allotted certain Flats to her children and certain grandchildren as per certain allotment letters .
F. Maude passed away on 18th February 2014, and during her lifetime , she made her Will and Testament dated 2Slh November 2012, which was duly registered, annexed as Annexure E ("Will"):
G. Maude appointed Loy as the sole executor of her Will and bequeathed the following, on the terms stated therein:
i. the Landed Property and Monies (defined below) to Loy; ii. the Flats, to the Flat Owners (as defined herein); and iii. the Bequests to Shyella, Gionelli, Sonya and Lisa (collectively, ·seneficiaries").
Bequests" means the following bequesst aggregating Rs. 20,00,000 (twenty lakh) by Maude as per her Will: (i) Rs 5,00,000/- (Rupees Five Lacs only) to Shyella (ii) Rs. 5,00,000/- (Rupees Five Lacs only) to Gionelli; (iil) Rs 5,00,000/- (Rupees Five Lacs only) to Sonya; 0v) Rs 5,00,000/- (Rupees Five Lacs only) to Lisa, the receipt of which was confirmed by each Beneficiary, as per their respective NOCs (defined below). H. The Beneficiaries:
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� � ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: Docusign Envelope ID: 867A2C80-llDF1..CE58-AEAlJ..B8F08A203AD8 i. have received their respective Bequests under the Will from Loy, In his capacity as Executor of the Will.
ii. other than Gionelli who is a party hereto.
I. Disputes and differences arose between lhe Family in respect of the Will, after which a Administration-cum-Partition Suit Partition Suit No. 4 of 2018 was filed by Gwendorine, Hugh and Harold against Loy, Kevin, Sean and the Society as Defendants, which is pending before the High Court at Bombay ("High Court"). Gionelli was subsequently impleaded into the said Suit as Hugh's . sole legal heir, upon his demise. Notice or Motion 2224 (2018) and Interim Application No. 3220 of 2023 are also pending in connection with the same Adminlstration�um-Partition Suit in connection with Flat No.1. The Notice or motion, Interim Application and the Administration�m-Partition Suit are collectively referred to as the "Proceedings".
J. The Parties have mutually agreed to settle the above disputes and differences including the Proceedings by entering into a Broad Tenns of Settlement - D'Penha Family dated 5 December 2025, pursuant to which this detailed Agreement is being entered into K Parties ackno.....tedge that this Agreement is Inter alia a recording of the desire, wish and intention of Maude and the earlier oral agreement between Maude and her children and grandchildren, i.e. the Parties, and Beneficiaries, during Maude's lifetime. whereby inter alia:
L. Primary Parties would each share 114"' (one-fourth) in the undivided share and interest in their ancestral property, i.e. the Landed Property i. the Flats would be bequeathed to the Flat Owners as per the Will; and ii. Monies to be dealt with as per this Agreement on terms and conditions more particularly detailed in this Family ArrangemenL M. As this Agreement pertains inter alia to the Flats, the Flat Owners are also entering into lhis Agreement. as Additional Parties, in respect of their Flats and applicable rights and obligations.
N. The sequence in which the transactions contemplated by this A_greement shall be completed is set out in Annexure H.
0. These Recitals and the Annexures form an integral part of this Agreement NOW THIS FAMILY AGREEMENT WITNESSETH ANO IT IS HEREBY AGREEDBY ANO BETWEEN THE PARTIESHERETO AS FOLLOWS.
1. LANDED PROPERTY 1.1. Parties agrea and acknowledge that, notwithstanding anything contained in the Will, and in pursuance of the earlier oral agreement mentioned in Recital K hereinabove and lhe Release Deeds:
1.1.1. Eacl1 Primary Party shall have 1/4th (one-fourth) i.e. 298.5 (Two Hundred and Ninety Eight and a Half) sq. yds undivided share, right, title and interest ("Respective Share") in the Landed Property, i.e. leasehold plot bearing No. 1941195 situate at 2/2A D'Monte Park Road, Sandra (West), Mumbai 400 050 represented by the Society shares bearing distinctive nos. 711 to 720 (both inclusive) of Rs 501· (fifty) each. by Share Certificate No. 72 in the Society. Parties will be entering into Release Deeds in connection herewith, in accordance with Annexure H. 1 . 1 .2. To give effect to the above, Loy will retain 1/4th (one-fourm) interest in the undivided share in the Landed Property i.e. 298.5 (Two Hundred and Ninety Eight and a Hall) sq yds (the ''Loy Share"), and will release, transfer and assign the remaining 314th of the undivided share In the Landed Property to Gwendoline. Harold & Gionelli, in 1/4lh (one-fourth) proportion each, such that each Primary Party shall have 1/4lh (one fourth) i.e. 298.5 (Two Hundred and Ninety Eight and a Half) sq yds undivided share, right, title and interest in the Landed Property i.e.. leasehold plot bearing No. 1941195 situate at 212A D'Monte Park, Sandra (West). Mumbai - 400 050 (and more particularly described in Annexure A) represented by the said shares bearing Nos. 711 to 720 (both inclusive) of Rs.50/- each represented by Share Certificate No. 72 in the Society.
1.1.3. Except to the extent of the Loy Share (defined hereunder) which Loy shall retain and continue to hold uninterrupted, Loy hereby unconditionally releases, relinquishes, renounces. surrenders, quit daims over the remaining share in the Landed Property and Society Shares bequeathed to him per the Will, in favour of the following Parties to whom the said one-fourth share each, is being released In accordance with this Clause and by the Release Deeds:
::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::Oocusign Enwlope 10: B67A2C80.SDFl-4E58-AEAO-B8F08A203A08 Primary Party Respect! Area Share Certificate veShare Loy Share 1/41h 298.5 sq yds Member Ordinary Member (as may be applicable) in respect of Society Shares Gwendoline 1/4ttl 298.5 sq yds Member I Ordinary Share Member (as may be applicable) in respect of Society Shares Gionelli Share 1/41h 298.5 sq yds Member I Ordinary Member {as may be ..
applicable) in respect or Society Shares Harold Share 114th 298.5 sq yds Member I Ordinary Member {as may be applicable) in respect of Society Shares 1.1.4. Ttie Parties shall hold the Landed Property as joint LesseesfTenants ln Common ttiereof, each having an undivided one-fourth sham therein and each or the Parties shall be entiUed equally to, and liable equally for, all bene1its and obligations arising out of the Landed Property.
1.2. In accordance with AnnexureH, Parties will reasonably co-<>perale with each other in good faith and in a timely manner. ror stamping, registralion (if any) and completing necessary formalities relating:
{A) to signing, stamping, registration of the:
{a) Release deed to be mcecuted from Loy to Gwendoline;
(b) Release deed, to be executed from Loy to Harold.
(c) Release deed, lo be executed from Loy to Gionelli.
(a), (b) and (c) above are collectively referred to as the "Release Deeds" in the format mutually ageed r between the Parties.
(B) the addition of Harold, Gwendoline & Gionelli's names as Members I Ordinary Members {as may be applicable) in respect of Socrety Shares on the Share Certificate in respect of the Society Shares, which currently bears Loy's name (as a Member/ Ordinary Member, as may be applicable). The order of the names of the Members I Ordinary Members (as may be applicable) on the Share Certificate shall be as follows: {i) Loy; (ii) Gwendoline: (iii) Gionelli;
and (iv) Harold, all as joint Members I Ordinary Members (as may be applicable). In connection herewith, the Society has granted an No-Objection Certificate annexed as Anne xure K hereto, on the terms and conditions stated therein.
1.3. It is clarified that the Landed Property (and Respective Shares) includes the Par1<ing Spaces (except the Garage).
2. FLATS 2.1. Parties agree and acknowledge that distinctive and separate enLire right. title. ownership and interest to each respective Flat, free from all encumbrances as further deta�ed out in Ann exure B and as follows, shall be held by the following individuals,_in accordance with Maude's bequests under the Will and Gift Deeds (as applicable), and there shall be no amendment to the Will and/or the Gift Deeds in connection therewith:
2.1.1.Michelle D'Penha who has been bequeathed by late Maude D'Penha: F l at No. 1 (admeasuring 993.3 sq. ft built up area) on the Ground Floor of the Old Building ("Flat No. 1"), be the sole owner of the said flat No 1. and the same be transferredand conveyed to her name.
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2.1.2.Kevin O'Penha who has been gifted and thereafter bequeathed by late Maude D'Penha: Flat No. 2 (admeasuring 1468.62 sq. ft built up area) on the Ground Floor of the Old Building ("Aat No. 2"), to be the sole owner of the said ftat and the same be transferred and conveyed to his name.
2.1.3.Flat No. 3 (admeasuring 997 sq. ft buill up area) on the Ground Floor or the outhouse of the of the Old Building (Flat No. 3'). which was bequeathed by late Maude D'Penha to Hugh D'Penha (deceased), be solely owned by his wife, Gianelli D'Penha and the same be transferred and conveyed to her name.::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::
Ooa.Jsigfl Envdope ID. 067A2C80-60f1-'IESO-AfAO..BSF06A20JADO 2.1.4.Erika Oliveira, who has been bequeathed by late Maude D'Penha, Flat No. 4 (admeasuring 1701.12 sq. ft built up area) on the First Floor of the Old Building \Flat No. 4•), be the sole owner of t e said flat and the same be transferred and conveyed to her name.
2.1.5.Sean D'Penha who has been gifted and thereafter bequeathed by late Maude D'Penha Flat No. 5 (admeasuring 1803.81 sq. ft built up area) on the Second Floor of the of the Old Building ("Flat No.5") along with closed garage (admeasuring 283.62 sq. ft built up area) ("Garage") on the ground floor of the of the Old Building be the sole owner of the said flat and Garago and the same be transferred and conveyed to his name.
2. 1.6.Harold D'Penha & his wife Rathina D'Penha who have been bequeathed by late Maude O'Penha Flat No. 6 (admeasuring 1653.33 sq. ft built up area) and adjoining private pocket terrace admeasuring 990 sq. ft. assessed exclusively from Flat number 6 and having no independent common access above Flat No. 1 of the Old Building ("Pocket Terrace") on the First Floor of the New Building also known as Maudestan Extension (collectively with the Pocket Terrace. referred to as "flat No. 6") hereunder be the joint owners of the said flat and the same be transferred and conveyed to their names.
2.1.7.Loy O'Penha & his wife Shirley O'Penha who have been bequeathed by late Maude O'Penha Flat No. 7 (admeasuring 1628.01 sq. ft) on the Second Floor of the New Building ("Flat No. 7") also known as Maudestan Extension be the joint owners of the said flat and the same be transferred and conveyed to their names.
2.1.8.Gwendoline Oliveira who has been bequeathed by late Maude D'Penha, Flat No. 8 (admeasuring 1517.71 sq. ft) on the Third Floor of the New Building ("Aat No. 8') also known as Maudestan Extension hereunder be the sole owner of the said flat and the same be transferred and conveyed to her name.
2.1.9.The following definitions shall apply.
"New Building• has the meaning set out in Annexure B comprising Flat No. 6. Flat No. 7 and Flat No. 8, and is also referred to as "Maudestan Extension'.
"Old Building" has the meaning set out in Annexure B comprising Flat No. 1 , Flat No. 2, Flat No. 3, Flat No. 4 and Flat No. 5. and is also referred to as "Old Maudestan'.
•Ftats" collectively means Flat No. 1, Flat No. 2, Flat No. 3, Flat No. 4, Flat No. 5, Flat No. 6, Flat No. 7 and Flat No. 8, and "Flat" means each such Flat.
"Flat Owners• means the Flat owners set out against their respective names in Clause 2.1.
"High Terrace• means the terrace of the Old Building, above Flat No. 5 "Small Terrace• means the small terrace of the New Building, above Flat No. 8 "Big Terrace" means the big terrace of the New Building, above the Small Terrace and Flat No.a.
•pocket Terrace" has the meaning set out in aause 2.1 .6.
2.2. Parties acknowledge that the full right title end interest in the ebovemenlioned Flats under Clause 2.1, are free from all encumbrances (except as stated in Clause 2.3 below), and the same have been bequeathed to the respective Fial Owners under the Will. 2.3. Flat No. 4:
2.3.1.is currently tenanted to Marcel Gomes & Ulrike Gomes ("Tenants") who are occupying the same pursuant to an affidavit dated 8 July 2013 ("Affidavit"), a copy of which has been shared with Erika and Annexure F. 2.3.2.Erika shall be solely entitled to the rights. benefits, and responsible for the obligations and liabilities, connected to Flat No. 4, and is acknowledged as Maude's sole "heir" under the Affidavit, subject to Clause 5.9.5. below.
2.3.3.Erika will be treated as the landlady of Flat No 4 and shall be entitled to all steps in regard lo the Flat no 4. Erika will not be required to take permission or consult any ofthe Parties, before taking any steps In respect ot Flat No. 4 including in respect of her interactions and action with or against theTenants, provided such actions/steps are not contrary to the terms hereof or contrary to law. Nothing in this provision will restrict the Representatives from taking any action towards or communicating with the Tenants with respect to Tenant's ContributiOn, the MCF and operation and maintenance of the Flats and/or the Landed Property, in accordance with the terms hereof \\�th prior intimation to Erika.::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::
OOOJSiOn Envelope ID: B67A2C81>80F1-4E58-AEJIO-B8F08A203A08 2.3.4.Primary Parties shaU render all reasonable and lawful co-operation requested by Erika, including issuing factually accurate attomment fetter(s) to the aforesaid Tenants, and Erika shall inform the aforesaid Tenants that Erika is solely entitled to the said Flat No. 4, that Erika Is the landlady and that the aforesaid tenants shall have all interactions with Erika only.
2.4. The Parties will, and will procure that necessary other Flat Owners/Family members reasonably co-
operate with each other, in good faith, and in a timely manner, for stamping, registration and necessary formalities to perfect the title of Flat Owners with the terms hereof.
2.5. In the event of sale of any Flat in accordance with Clause 6, the Parking Space (excluding the Garage) allotted to such Flat Owner under Clause 3 under Anne:xure G shall not be soldlcharged/ transferred with the respective Flat, as the Flat Owners have no ownership, lease or sub-lease to the relevant Parking Space. However, in the event of L&L {defined below) and/or sale of the Flat in accordance ' with the terms hereof, the remaining Parties will permit the licenseeof the appficable Flat Owner and/or purchaser of such Flat. to use such Parking Space in accordance wi t h the terms hereof, applicable law and Society Rules.
2.6. Each Flat Owner ("Licensor") represents, warrants and undertakes to the remaining Flat Owners that helshelthey will hold, operate and manage and let out on L&L, their respective Flats (and Garage as applicable) in accordance with, and subject to applicable law, and the Society Rules.
2.7. Each Party hereby agrees and acknowledges that as per the eartier oral understanding referred to in Recita.l K:
2.7 .1. Common areas of the Old Building excluding the Flats (e.g. extemal staircase, landings, High Terrace etc) are jointly and SQverally owned by the Flat Owners of Flat No 1, Flat No. 2, Flat No. 3, Flat No. 4 and Flat No. 5 in equal undivided share.
2.7.2.Common areas of the New Building excluding the Flats (e.g. internal staircase, landing, Small Terrace and Big Terrace, lift, etc) are jointly and severally owned by the Flat Owners of Flat Nos 6, Flat No. 7 and Flat No. 8 in equal undivided share. It is clarified that the Pocket Terrace does not form a part of the Common areas of the Old Building and/or the New Building.
3. PARKING
3.1. There will be 7 (seven) extemal parking spaces ("Parking Space(s)') and 1 (one) covered Parking Garage for exclusive use of the Flat Owners as follows and as further Illustrated in the Map enclosed as Annexure G):
Flat Flat Owner PartkingNo ParkingLocation 1 Michelle D'Penha P3 In the Driveway (Front) 2 Kevin D'Penha P4 Behind Flat No.2 3 Gionelli D'Penha P1 Outside Flat No.3 4 Erika Oliveira P7 To be created in place of the Comer Shed by the Maudestan ExtensionGate 5 Sean D'Penha P6 Driveway-of Garage of Flat No.5 6 Loy & Shirtey D'PenhaP2 In the Driveway (Back) 7 Gwendoline Oliveira PS In the mid open area in front of the Maudestan Old Building between the two Gates 8 Harold & Rathina D'Penha 3.2. Parties acknowledge tnat as per the Will and Clause 2.1.5 above, Sean has been bequeathed the Garage, as furtherdescribed in Annexure G hereto. Notwithslanding Sean's right to a Parking Space under Clause 3.1 above, Sean shall also be permitted to use in Garage in accordance with applicable law and Society Rules.
3.3. No Parking Space shall be used to park commercial vehicles or Heavy Motor Vehicles.
3.4. Any Flat Owners may agree to swap parking spaces (or handover allotment) amongst themselves, without prior consent of the Other Flat Owners.
E.g. Michelle & Kevin can mutually agree to swap parking spaces without Gwendoline's consent. or Sean & Gwendoline can mutually agree to swap parking spaces, without Michelle's consent 3.5. Parties acknowledge and agree that while Flat No. 4 has been allotted parking P7. Presently in this spot there is a garden and a shed, which will be removed to accommodate Parking for Flat no 4 of Erika and a gate will be added next to the gate I or the gate wiU be extended, to provide access for parking P7.
(I' ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: Oocusign Envelope ID: B67A2C80-8DF1""4E53-AEAG-BSF08A203ADa 3.5.1.This Parking Space shall be created in Ihle future, once Erika takes possession of the Flat No. .4 in accordance with this Agreement and applicable law. 3.5.2.the Parking Space will be created such that one mid- SUV-sized vehicle (Widlh-10 feel Length 20 feet).
3.5.3.The Representatives will be responsible for operationally organizing thecreation of such Parking Space, at the MCF's sole cost.
3.6. Notwithstanding anything contained herein, Parties acknowledge that:
3.6.1.lhe Parking Spaces are only licensed to the above Flat Owners by the Primary Parties in consideration of their mutual representations and warranties and on the terms stated herein. and in no manner have the Flat Owners been granted any right, tiUe, interest and/or ownership in. or to the Parking Spaces. Each Parking Space will be licensed/alloted to the respective Flat. 3.6.2.Full right, title and interest, in and to the Landed Property including the Parking Spaces, shall be held by the Primary Parties, as per their Respective Share, in accordance with aause 1 . 3.6.3. Individual Parking Spaces cannot be sold. However, such Parking Spaces shall be allotted to a licensee under a L&L or a purchaser of a Flat under Clause 6, In lieu of the Flat Owner occupying such Parking Space.
3.7. The Parties hereby agree that 3.7.1.The common spaces in the Old Building and New Building (example Maudestan compound, High-Terrace, Small Terrace and Big Terraces above Flat No. 8 ncli uding common washroom situated thereon) (collectively, the "Common Gathering Spaces") shall be occupied and used by the Primary Parties, the Flat Owners, and the Flat Owners' permitted licensees under an L&L, in accordance with Society Rules and applicable laws.
3.7.2.Notwithstanding Clause 3.7.1, Common Gathering Spaces may be used by the land Owners and/or Flat Owners (but not their respective L&L licensees), for social gatherings for their families and guests, provided such social gatherings do not cause any nuisance to the Land Owners.
and/or other Rat ONners, and are conducted in accordance with Society Rules and applicable laws, with reasonable prior notice to the Representatives.
4. MONIES 4.1. Pursuant to the Will, after payment of the Bequests as per Recital G above and funeral and other expenses as per Maude's Will, monies amounting to Rs. 81,50,831 /-, stood to the accountof Maude's estate, were transferred and credited to new savings bank account no. 3348837996 with Central Bank of India. Turner Road Branch, in the name of Loy and invested in term deposits ("'Monies•), by Loy, in �is capacity as sole executor of the Will 4.2. The Monies have been utilized by Loy in his capacity as sole executor of the Will towards Maudestan Maintenance and as per the Statement (defined below) and the remaining proceeds «Proceeds•) are currently deposited in the Centalr Bank Account mentioned in Clause 4.1 ("Maude Bank Account•).
4.3. A line-item wise break-up or the Monies and summary thereof ("Statement"), have been verified and confirmed by the Accountant (defined below), which Statement has been submitted to the High Court by Written Statement dated 20 July 2018 and affidavit 1 October 2025 in the Proceedings.
.4.4. Prior Expenses:
4.4.1.Certain expenses, not exceeding Rs_ 1,83,872/-fPrior Expenses") have been incurred by Loy and/or Shirley from their personal accounts prior to the dale or this Agreement, towards: (a) Maudestan common electricity for the garden and compound or the Old Building and the New Building; and (b) gardener weekly charges.
.4.4.2.The Prior Expenses have been confirmed as valid Maudestan Maintenance expenses by the Primary Parties, other than Loy.
4.5. In this regard, Loy represents, warrants and undertakes to the Parties as on the date hereof, that apart from the Prior Expenses which were expended from Loy/Shirley's personal accounts, due lo reasonable operational and practical difficulties. Loy and Shirley:
4.5.1.have not incurred any expenses, from their personal account(s) in relation to the Maudestan Maintenance and//or Monies and/or Landed Property. during the Exe<:utor Period ("Specified Expenses"); and/or .4.5.2.shall neither claim from, nor be reimbursed by, the MCF, Maude's estate, and/or any other Party hereto, in their personal capacity or otherwise, for the Specified Expenses.::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::
Oocusign Envelope ID: B67A2C80-80F1-<IE58 AEA0-88F08A203A08 · 4.6. ·Executor Period• means the period commencing on 18 February 2014 and ending on the date of this Agreement. Notwithstanding U1e aforesaid, Loy shall continue as executOI' of the Will_ subject to the lenns hereof, Loy is not aware of, and has not been notified of, any other liability relating to Maude's Will, the Landed Property. and/orthe Monies, as on the date of this Agreement, apart from:
4.6.1.the Property Tax Liability (defined under Clause 5.3 (A) (i i)); 4.6.2.the Prior Expenses; and 4.6.3.income tax liability for the financial year 2024-2025 ("Current Income Tax").
4.7. It ls clarified that nothing in this Clause 4 will apply to:
4.7.1.the Excluded Expenses under Clause 5.3 (B) below. in respect of which the respective Flat Owner I Party will be responsible, unless Loy is named as the Responsible Party and/or Flat Owner therein.
4. 7.2.any bona fide actions taken by Loy in good faith andfor pursuant to advice from the Accountant
5. MAUDESTAN COMMON FUND, REPRESENTATIVES, AND MAINTENANCE Upon filing Consent Terms and Disposal of the Administration-Cum-Partition Suit:
5.1. The Proceeds (ifany) , shall be transferred lo the MCF BankAccount from U1e Maude Bank Account, as detailed in Annexure H. 5.2. Representatives will maintain and operate a Maudestan Common Fund ("MCP) for only Maudestan Maintenance, in accordance wi t h the following terms:
5.3. "Maudestan Maintenance· means the operation, maintenance and upkeep of Maudestan (Old Building, New Building, Landed Praperty & common areas such as compound wall, treesetc) and (A) Includes:
(i) "Routine Expenses• includes common area electricity, salaries for security, gardener, cleaning, garbage, water charges, property taxes, water pump maintenance, Municipal or taxes {if any) including arrears to the aforesaid (excluding Loy Specified Expenses) defined below, relating to the Landed Praperty and/or Rats.
(ii) "Non-Routine Expenses• includes:
(a) extemal repair, structural repair, painting, external plumbing, compound wall in respect or the Old Building and New Building;
(b) future litigation expenses (if any) with third parties, in respect of the entire Landed Property and/or all (but not some) of the Flats and/or (all but not some) of the Parties with third parties E.g. dispute with encroacher on the statutory dues payable by way of i ncome tax, muni cipal taxes etc, to the Landed Properties and/or the Flats and/or Maude's estate applicable to a period prior to, or during the Executor Period, excluding any sucil dues becoming payable due to wilful default of Loy and/or pursuant to the advice of the Accountant. statutory dues payable by way of income tax, municipal taxes etc, for the Landed Properties and/or the Flats after the Executor Period; and
(c) known past property tax liability of Rs. 5,35,634 as on the date ofthis Agreement, (plus interest, fi any applicable as perlaw) which has not been paid pursuant to an order of the Bombay High Court in this regard ("Property Tax Liability"),
(d) statutory dues payable by way of income tax, municipal taxes etc, to the Landed Properties and/or the Rats andfor Maude's estate applicable to a period prior to, or during the Executor Period. excluding any such dues becoming payable due to wilful default of Loy and/or pursuant to the advice of the Accountant. statutory dues payable by way of income tax, municipal taxes etc. for the Landed Properties and/or the Flats after the Executor Period; and
(e) Prior Expenses, in accordance with Clause 5.9.6; and
(f) Current Income Tax (defined at Clause 4.6.3 above).
(B) specifically excludes the following "Excluded Expenses", which shall be borne as follows:
S.No Expense Resnnnsibilitv for costs
1. Lift Maintenance & Re.pairs, painting to the internal Jointly by Flat Nos 6. 7 and 8 in staircase, installation of electronic security system (if equal proportion i.e. 113n1 each mutually agreed) & such other expenses relating to internal common areas of Flat Nos 6. 7 and 8
2. Routine day-today maintenance costs for Garage Sean
3. Routine day-to-day maintenance costs for Pocket Harold Terrace
4. Cost of all Internal Repairs, Painting, Plumbing, Respective Flat Owner Electricitv lo Flats ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: Oocusigri Envelope ID: 667A2C80-80F1�E58-AEM-B8F08A203A08 S.No Expense Resooosibilityfor costs
5. Costs for damage caused to any Flat due to an act of the Flat Owner responsible for another Flat Owner causing such damage
6. Non-routine beautification costs, gardening costs, Rat Owner(s) responsible electricity costs of Flats, of Old Building and/or New Building and/or common areas of the Landed Property, initiated by any 1 (one) or more Flat Owners.
7. Future legal litigation expenses (if any) with respect to Respective Flat Owner any Rat and/or Landed Property. Respective Land Holder Examples:
- dispute between Sean & his licensee regarding Flat No. 5;
- dispute between Kevin & Michelle regarding Loy Share, after Loy & Shirley's demise.
8. Legal expenses on the Agreement, e.g. Accountant I Jointly by the Primary Parties advocate expenses
9. Penalties costs or liabilities in connection with any Flats: Flat Ovmer(s) construction, alteration, endosure, usage or extension responsible of the Flat(s) and/or Garage, induding or in relation to any external terrace, window box, open space or Pocket Terrace: Harold appurtenant area to such Rat and/or Garage Garaae: Sean 10 Payment, Penalties or costs in connection with any wilful Loy default by Loy with respect to the Landed Property or the Monies, under property tax and/or income tax laws during the Executor Period ("Loy Specified Expenses").
Provided that Loy will not be liable for any bona fide acts taken in goodfaith and or pursuant to advice from the Accountant 5.4. The Representatives will form a legal association of persons (AOP)/entity (mutually agreed by the Representatives) in which Loy, Harold, Gwendoline and Gionelli shall have equal shares ("MCF Holder"). Such an entity shall be named as the beneficiary of the MCF Bank Account.
5.5. The Representatives shall open a savings bank account in an Indian scheduled bank in Sandra, Mumbai, which has internet banking facilities, with the MCF Holders as the holders/beneficiaries of such entity ("MCF Bank Account") 5.6. All proceeds from MCF Corpus and Annual Contribution, such as interest, tax refunds, etc and proceeds from sale of ooconuts from the coconut trees shall be credited to the MCF. MCF Bank Account income tax filings will be filed via a chartered accountant mutually agreed and appoinied by Representatives \Accountant"). The Accountant as on the date of this Agreement has been mutually agreed by the Primary Parties and appointed by the Parties o. The Accountant can only be replaced with the mutual agreement of the Primary Parties.
5.7. The Primary Parties represent, warrant and covenant to the Flat Owners, that notwithstanding Clause 5.5 above, the MCF Bank Account and all proceeds, benefits, interest and other benefits shall only be utilized for the Maudestan Maintenance as specified in Clause 5.3, and shall be held in trust for the benefits of the Flat Owners, solely for Maudestan Maintenance.
5.8. The Representatives shall mutually agree to the most efficient and cost�ffective structure for incorporating/setting up the MCF Bank Account. The Representatives shall be joint signatories (not beneficiaries) for this bank account.
5.9. Each Flat Owner shall contribute to the MCF as follows:
5.9.1.Rs. 21 ,00,000(Rupees Twenty Lacs Only) lumpsum amount (i.e. Rs. 3,00,000/- (Rupees Three Lac Only) {as may be increased for market inflation, as determined by the Representatives) per Rat Owner, except Erika. to be contributed towards a corpus ("Corpus") for Maudestan Maintenance, especially Non-Routine Expenses.::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 :::
Oocusign Enwlope 10: B67A2C80-80FHE58-AEAO-BaF08A203AD8 5.9.2.0nce the Gorpus reduces, due to utilization in accordance with this Agreement, the Flat Owners will replenish the Corpus, as per Clause 5.9.1.
5.9.3.The Representatives will invest the Corpus in long term fixed deposits in an Indian scheduled bank, and interest thererrom shall be credited to the MCF Bank Account.
5.9.4.Annual contribution of Rs. 12,00,000/- (·Annual Contribution") in aggregate, i.e. Rs. 1,50,000/-
per Flat except Erika, towards Routine Expenses of Maudestan Maintenance. Contributions towards items including property tax, to be per square footage/number of Flats/Garage, as customarily done in housing societies in Maharashtra. Annual contribution of property taxes to be contributed by each Flat Owner based on the square footage of each Flat/Garage, as assessed by the applicable Municipal Authorities. .
..
5.9.5.For Flat No. 4, the Tenants currenUy occupying Erika's Flat as tenants, under the Maharashtra Rent Control Act, 1999 ("Rent Act") and are contributing towards Maudestan Maintenance including municipal tax ("Tenant Contribution") pursuant to the Affidavit. In this regard:
(a) Erika shall not be required to contribute to such MCF, including towards Annual Contribution to the extent of the Tenant Contribution, and till she receives possession of Flat No.4. It is clarified that Erika shaH be responsible for payment of property tax under applicable law, as the RentAct imposes such an obligation on the Flat owner and not the tenant.
(b) The Tenant Contribution will be utilized towards Maudestan Maintenance, in lieu of Erika's contribution exempted under Clause 5.9.5 (a).
{c) Erika shall be entitled to the net rent received from the Tenants, subject to deduction and payment of taxes, to be deposited into the MCF.
(d) Erika. as Flat Owner of Flat No. 4 shall directly deal with the Tenants in relation to Flat No. 4, and shall be responsible for compliance with, and enforcement of her rights, as owner of Flat No. 4.
5.9.6.lndividual Contributions towards Maudestan Maintenance:
(a) The Flat Owners, Land Holders and Representatives wiU use best efforts to ensure they do not incur any payment from thelr personal accounts towards Maudestan Maintenance.
{b) Notwithstanding anything in Clause 5.9.6, if for practical or other reasonable constraints, any Flat Owner, Land Holder or Representative has individually contributed towards, or darified incurs any expenses towards any Maudestan Maintenance from ttteir personal accounts such Flat Owner, Land Holder or Representative:
(i) shall promptly Inform the Representatives of the same;
(ii) reimbursed by the MCF. as verified and confirmed by the Accountant.
(c) 11 ls that an amount, not exceeding the Prior Expenses shall only be reimbursed to Loy/Shirley from the MCF, provkled they have been verified and confirmed by the Representatives and/or Accountant.
5.10.The internal lift and internal staircase in the New Building shall be used exclusively for the New Building and their families and guests. Rat Owners of Flat Nos. 6, 7 and 8 shall contribute equally (1/3rd each) towards:
{a) maintenance. repair and service contract of the lift.
(b) cost of painting and repair to the intemat staircase and other common areas in the New Building.
5.11.Representatives:
5.11.1 . The following representatives have been appointed as Representatives by the Primary Parties as on the date of this Agreement:
(a) Michelle, as representative of Loy; and
(b) Gionelli, as joint representative of Gwendoline, Harold and herself.
5.11.2. In the event of the demise or mental or physical incapacity or resignation or removal of the Representatives, the following individuals shall replace the original representatives:
{a) Kevin to replace Michelle; and
(b) Shyella to replace Gionelli.
5.11.3. The Representatives or their replacements may be removed and/or changed with the priOI"
mutual consent of all the Primary Parties. E xample: Michelle becomes mentally unsound and Kevin passes away, in this case Loy can only appoint an alternative Representative that is approved by Harold, Gwendol.ine and Gianelli.
5.11.4. All administrative work, including relating to the routine and non-routine operation and maintenance of Maudestan and the MCF shall be witti the Representatives. including relating to ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: Oowsign Envelope ID· BS7A2C80-$0F1-4ESS..A�B8F08A203AD8 payment and filing of taxes, tax returns, water bill, eleclricity bil, repairs, plumbing, communication with ttiird parties, including applicable authorties, tax returns, laxes etc, relating i to the Landed Property and/or Maudesta11 and/or the MCF, Maudes's estate and Monies shall be conducted by the Representatives. Neither Representatlve shall take any action without the prior written consent (emails permitted) of the other Representative.
5.11.5. For all decisions made jointly by the Representatives under this Clause 5.11, the mutually agreed decision or the Representatives shall be binding on the Parties.
6. SALE/ TRANSFER OF FLATS AND LAND
6.1. Notwithstanding anything contained in the Will:
6.1.1.Each Land Holder and/or Fial Ovmer ("Transferor") shall have the right to sell, transfer, bequeath, charge, assign their interest ("Transfer") in the Respective Share in the Landed Property and/or Flat to any other Party or third party ("Transferee"), subject to compliance with the Byelaws, Rules and Regulations of the Society ("Society Rules") and applicable laws, and this Agreement induding this Clause 6.
6.1.2.As a condition precedent to such Transfer pursuant to Clause 6.1.1. above: (A) the Transferor shall ensure that such Transferee execute a deed of adherence to this Agreement and comply with the terms hereof, upon the effectivenessof such bequest, and the applicable Flat Owner or land Holder, failing which the Selling Party shall remain responsible for such compliance; (B) Each land Holder shall obtain prior consent of the Society for Transfer to a Transferee, as per Society Rules.
6.1.3. Each Flat Owner shall be entiUed let out their respective Fial on leave and license for non-
commercial purposes for a period not exceeding 3 (three) years ("l&L")to any Transferee under the Maharashtra Rent Control Act, 199g (or any re-enactment or replacement thereof) subject to compliance with applicable Society Rules, applicable Jaw and this Agreement, including this Clause 6.
6.1.4.The Parties agree that except for a Transfer and/or.L&L in accordance with Clause 6.1.3 they shall not take any act which would create any sub-lease, lease (which is not a leave & license) over lheir Flat or Respective Share, which would create a tenancy, Pagri or other similar right over their Flat and/or Respective Share in the Landed Property. 6.1.5. Each Flat Owner shall, and shall ensure their licensee under an L&l, shall use the Flat for their respective personal residential purposes. and such Flat shall not be directly or indirectly let out on a short-term basis {e.g. AirBnb, guest house, home stay etc).
6.2. Redevelopment of the Landed Property requires prior written unanimous consent of the Primary Parties. In such an event, each of the Flat Owners (including Erika) shall be given suitable alternative accommodation by the developer in accordance with the development agreement, and only the Primary Parties will be entitled to any and all additional compensation and benefits {apart from alternative accomodation) provided by the developer, in 4 (four) equal shares.
7. MISCELLANEOUS 7.1. Each Party severally represents, warrants and undertakes to the other Parties as on the date of this Agreement, that such Party:
7.1.1 .has full, unconditional right and authority to enter into this Agreement and consummate the transactions and transfers contemplated hereby. 7.1 .2.is not subject to any statutory or contraciual restriction from entering into this , Agreement and consummating the transactions and transfers contemplated hereby. 7.1.3.is not bankrupt or insolvent under the Jaw of any territory.
7.2. Gionelli represents and warrants to the other Parties that she is the sole undisputed legal heir of Hugh.
7.3. Upon execution of this Agreement, the Broad Terms of Settlement - D'Penha Family dated 5 December 2025 ("Terms") stands terminated and shall have no further force and effect.
7.4. The Will shall stand amended to the extent stated in this Agreement and relevant provisions, induding Clauses 18, 19, 20, 21, 22. 23, 24, 26, 31, 32 and both paragraphs below Clause 32 of the Will shall stand deleted. In the event of any inconsistency or contradictions between ttie Will and this Agreement, the provisions in this Agreement will prevail and override the said clauses in the Will.
7.5. Each of Parties irrevocably confirms and dedares that this Agreement constitutes a full, final and complete settlement of all disputes, differences, daims and causes of action of whatsoever nature, ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: Docusign Envelope ID: 067A2C6D-80F1-4E58-AEA(}.88F08A203AD8 whether known or unknown, asserted or unasserted, present or contingent, arising out of or in connection with:
7.5.1 .the Will;
7.5.2.lhe estate of Maude:
7.5.3.the Landed Property and/or the Flats; 7.5.4.any alleged acts or omissions of Loy in his capacity as executor of the Will, beneficiary, son, brother, family member or otherwise; and 7.5.5.the Proceedings.
7.6. Waivers 7.6.1 .Each of the Parties (other than Loy) unconditionally and irrevocably waives, releases and forever discharges Loy from any and all claims, demands, actions, proceedings, liabilities, losses, costs or expenses, whether civil, criminal, statutory or equitable, which they ever had, presently have, in any jurisdiction, arising out of or relating to the subj ect matter of this Agreement. Each wch Party further covenants and undertakes not to institute, prosecute, revive, support or assist any claim, complaint, suit, appeal, application or proceeding against Loy in respect ofthe aforesaid. 7.6.2.Except for a breach of this Agreement by Sean. each of the Parties (other than Sean) unconditionally and irrevocably waives, releases and forever discharges Sean rrom any and an claims, demands, actions, proceedings, iabilities, l losses, costs or expenses, whether civil, criminal, statutory or equitable. which they ever had, presently have, or may hereafter have, in any jurisdiction. arising out of or relating to the subject matter of this Agreement Each such Party further covenants and undertakes not to institute, prosecute, revive, support or assist any claim, complaint, suit, appeal, application or proceeding against Sean in respectofthe aforesaid. 7.6.3.Excepl for a breach of this Agreement by Kevin, each of the Parties (other than Sean) unconditionally and irrevocably waives, releases and forever discharges Kevin from any and all claims, demands, actions, proceedings, liabilities, losses. costs or expenses, whether civil, criminal, stawtory or equitable, which they ever had, presently have, or may hereafter have, in any jurisdiction, arising out of or relating to the subject matter of this Agreement. Each such Party further covenants and undertakes not to institute, prosecute, revive, support or assist any daim, complaint, suit, appeal, application or proceeding against Kevin in respect of the aforesaid.
7.6.4 .Ex<:Qpt for breach by the Society, of the High Court order dismissing the Suit against the Society, pursuant to the Consent Terms. each of the Parties unconditionally and irrevocably waives, releases and forever discharges lhe Society from any and all daims, demands, actions, proceedings, liabilities, losses, costs or expenses, whether civil, criminal, statutory or equitable, which they ever had, presently have, or may hereafter have, in any jurisdiction, arising out of or relating to the subject matter of this Agreement. Each such Party further covenants and undertakes not to institute, prosecute, revive, support or assist any claim, complaint, suit, appeal, application or proceeding against the Society, in respect ofthe aforesaid. 7.6.5.Nothing in this Clause 7.6 will restrict any Party from taking legal action against another Party, fora breach of this Agreement, the Consent Terms and/or the Release Deeds, and/or breach of applicable laws.
7.7. All Parties agree and confirm that except for the and court proceedings, to the other Parties named therein, in connection with the said Suit and Interim Application, the other Parties have not addressed any other letters/issued notices to any authorities, entities, individuals, or public (''Recipients�) in connection with the allegations against the Defendants andlor the property under dispute in the Proceedings ('"Communication"). To the extent any such Communication has been issued, the same stands wi t hdrawn and the applicable Part shall issue written letters to the relevant Recipients to give effect thereto ("Withdrawal Letters") (eg. if a letter has been written to a third party such as the Municipality disputing the will, it will need to be withdrawn.) 7.8. Parties acknowledge that the entire right, title and benefits to the Flats has been transferred pursuant to the Will, and this Agreement does not amend the provisions ofthe Will in relation to bequest of the right, title and ownership of the Flats, to the respective Flat Owners under the Will.
7.9. The Parties hereto shall sign and execute or cause to be signed or executed all such documents, deeds, writings and or instructions as may be necessary to give effect to these presents arrived at amongst the parties hereto.
7.10. All expenses of or incidental to this Agreement including legal fees, stamp duty and registration charges (if applicable), shall be bome and paid in equal proportion by the Primary Parties, except the Release Deeds andfor Fial Documentation, the expenses of which shall be borne by the beneficiary of the applicable Landed Property and/or Flat. 7.11. Parties agree and acknowledge that:
7.11.1. Michelle and Gianelli who are Parties to this Agreement; and (ii) Shyella, one the Beneficiaries who is the daughter of Harold and sister of Sean, and also a Beneficiary ::: Uploaded on - 26/12/2025 ::: Downloaded on - 26/12/2025 23:28:13 ::: Oocusign Envelope ID: 867A2C8D-8DFHE58-AEAG-BSFOBA203AD8 ((i) and (ii) collectively referred to as the •o•Penha Family Members"") have, with the knowledge and consent of all Parties, assisted in facilitating discussions in resolution of the disputes and differences between the Parties, and in drafting and recording the mutually agreed tenns of this Agreement.
7.11.2. Each Party, other the D'Penha Family Members {each a "De<:larant"). hereby acknowledge and confirm that
(a) The Family Members have exercised good faith in arriving at the form and substance of this Agreement based on Inter alia the earlier oral understanding of Maude and her children and grandchildren and the Will, in the best interest of all Parties.
(b) decisions and terms contained herein, includi119 any allotment of Flats, Landed Property or other benefit or obligation on the Declarant are the result of the respective Party's independent deliberations and free consent, subject to the terms of the Wdl and the earlier oral understanding.
(c) None of the Famlly Members have exercised any undue influence, coercion, misrepresentation or control over any Party, and
(d) such Party has been adequately advised in connection with this Agreement.
(e) such Party hereby irrevocably waives any present or future daim or allegation that this Agreement or any part thereof is invalid, vitiated, voided, or unenforceable by reason of any or all of the Family Members involvement in the facilitation or preparation hereof. 7.12. Non obstruction:
7.12.1. Each Party (including their family members, representatives, agents, visitors and staff) shall not obstruct, intimidate. harass, threaten, abuse, confront, or otherwise unlawfully disturb any Flat Owner, licensee under a L&L, lawful occupant, licensee, tenant, guest. employee, contractor or invitee of any other Flat Owner.
7.12.2. Without limiting the above, no Party shall: (i) initiate confrontations on or around the Landed Property and/or Flats; (ii) make frivolous and/or false nuisance or other similar complaints intended to disturb peaceful occupation; and/or (iii) contact or brief any third party (including neighbours, housing society/association members, building staff, security, or medialtabloids) with a view to p ressurising or embarrassing any other Flat Owner or their licensees and/or their respective tenants, guest, employee, contractor or invitee.
7.13. The Parties agree that the existence, terrns and contents of this Agreement, all negotiations leading to it, and all matters relating to the disputes settled hereby shan be kept strictly confidential and shall not be disclosed to any person or entity, except (i) to the extent required by law, regulation or court order, (ii) to professional advisers on a need-to-know basis, or (iii) for the purpose of implementation or enforcement of this Agreement; and (iv) to the Society. Each Party shall be responsible for ensuring compliance with this Clause 7.13 by their respective family members, representatives and advisers.
7.14. This Agreement shall be governed bythe laws of India and dispute, differences and questions arise either during the continuance orthis Agreement or afterwards, the same shall be subject to the exclusive jurisdiction of the courts of Mumbai .
7.15. This Agreement may be executed ilil one or more counterparts, each ofwhich shall be deemed an original, but all ofwhich together shall constitute one and the same instrument.
7.16. This Agreement shall not be assigned by any Party without the prior written consent of all other Parties in writing.
7 .17. The rights and obligations of the Parties underthis Agreement are several and notjoint rights and/or obligations.
The Annexures are as follows Annexure A: Landed Property Annexure B: Descrip tion of Old Building & New Building Annexure C: Gift Deed between Maude and Kevin Annexure D: Gift Deed between Maude and Sean Annexure E: Will Annexure F: Affidavit of Tenants Annexure G: Parking Annexure H: Sequence of events to complete the transactions contemplated by this Agreemenl Annexure I: NOT USED Annexure J: Share Certificate Annexure K: Salsette Society NOC.
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MR. GIONELLI D'PENHA SIGNED AND DELIVERED by the within named THIRD PARTY MR. HAROLD CHARLES D'PENHA SIGNED AND DELIVERED by the within named FOURTH PARTY MR LOY KENNETH D'PENHA SIGNED AND DELIVERED t hin named FIFTH PARTY by the wi Ms. MICHELLE O'PENHA SIGNED AND DELIVERED by the within named S lXIHPARTY MR. KEVIN D'PENHA Through his Constituted Attorney Loy D'Penha SIGNED AND DELIVERED by the within named SE VENTHPARTY MR. SEAN D'PENHA SIGNED AND DELIVERED by the within named EIGHTH PARTY Erika Ms. ERIKA OLIVEIRA in lhe presence Of Witness ...
Name: Lisa Oliveira
in the presence of Witness ...
GWendoline Oliveira
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Dorusign Envelope ID: 867A2C8D-8DF1-4E58-AEA0-88F06A203AD8 Annexure A LANDED PROPERTY ABOVE REFERRED TO ALL that piece or parcel of land or ground together wit<h the building known as 'Maudestan' (Old building) and 'Maudestan Extension' (New building) thereon situate at 2J2A D'Monte Park Road, Band ra West, Mumbai 400050, in the Revenue Village of Danda in the Suburban District Registration Sub-District Sandra, admeasuring 1194.16 sq. yards or thereabout being the plot marked No. 194/1 95 on the Society's Estate Plan No. 1 and bearing Greater Mumbai Municipality H-Ward No. 1749 and City Survey No. C/599 and bounded on or towards the North by St. Paul's Road, on or towards South by Plot No. 196, on or towa rds the East by D'Monte Park Road and on or towards the West by Plot Nos. 191 and 192.
Annexure Maudestan - Old Building:
i) Ground floor outhouse flat (admeasuring 993.3 sq. 11 built up area) hereinbefore occupied by the late tenant Mrs. Seroo Chaglal Mr. Farook Chagla, since vacated and presently in the passession of Loy as Executor and Trustee of the Estate of Maude D'Penha, referred to as "Flat No. 1', which has been bequeathed to Michelle D'Penha, vide Maude D'Penha's registered Will dated 25lh November 2012.
ii) The ground floor flat (admeasuring 1468.62 sq. rt built up area) hereinbefore occupied by the Deceased Parents during their lifetime, referred to as "Flat No. 2·. which had earlier been gifted by Maude D'Penha to Kevin Gordon D'Penha, and also bequeathed lo him vide Maude D'Penha's registered Will dated 25111 November 2012.)Ground floor outhouse flat (admeasuring 997 sq. ft built up area), occupied by Mr. Hugh D'Penha (son, now deceased), along with his wife Gianelli D'Penha, referred to as "Flat No. 3·, bequeathed to Hugh D'Penha vide Maude D'Penha's registered WiU dated 25"' November 2012, and bequeathed by Hugh D'Penha to Gianelli D'Penha.
iii) Flat on the first floor situated above Fial No.2 (admeasuring 1701 . 1 2 sq. ft built up area), a tenanted flat occupied by Mr. Marcel Gomes and Mrs. Ulnl<.e Gomes, referred to as "Flat No. 4", bequeathed to Erika Oliveira, vide Maude D'Penha's registered Will dated 25"' November 2012.
iv) Flat on the second noor situated above Flat No 4 {admeasuring 1803.81 sq. It built up area) referred to as "Flat No. s·. (along with a Garage admeasuring 283.62 sq. ft built up area) which had earlier been gifted b-y Maude D'Penha to Sean Gavin D'Penha, and also bequeathed lo him vide Maude D'Penha's registered Will dated 25d' November 2012.
Maudestan • New Building
v) Flat on the first floor {admeasuring 1653.33 sq. ft built up area) with Pockel Terrace referred to as •Flat No. 6" and occupied by Harold D'Penha along with his wife Ralhina D'Penha, which has been bequeathed to Harold D'Penha and Rathina D'Penha vide Maude o·Penha's registered Will dated 25"' November 2012.
vi) Fial on the second floor above Flat No. 6 (admeasuring 1628.01 sq. ft) referred lo as "Aat No. 7" and occupied by Loy D'Penha along with his wife Shirley D'Penha, which has been bequeathed lo Loy D'Penha and Shirley D'Penha vide Maude D'Penha's registered Will dated 251h November 2012.
vii) Flat on the third Hoor above Flat No.7, referred to as ·Ftat No. S" which has been bequeathed lo Gwendoline Oliveira vide Maude D'Penha's registered Will dated 25'" November 2012.
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The Family Agreement and the Consent Terms will be executed, filed and taken on record by the Hon'ble Bombay High court.
S. Action Timellne
No.
Defendant No. 1 , and the respective Plaintiffs Within 1 O days of approval of the Release
(hereinafter referred to as 'land Holders") Deed by the releaser and respective releases
and the Society.
agree and undertake to execute, stamp and register Release Deeds with the concerned Sub-Registrar of Assurances. Society will also be a party to the release deed as indicated by them in the NOC dated by Salsette (22 December 2025) 2 The Land Holders agree and undertake to Within 3 business days of registration of the complete formalities in connection wi t h release Release Deeds.
of the Landed Property to make an application to Society for addition of the names of the Harold, Gwendoline and Gionelli to the Share Certificate of the said Society. in addition to the Defendant No. 1's name.
3. The parties to the Agreement, agree and By May 31, 2026 or such later date that the undertake to carry outall the steps for stamping transferees are available for signing and a and registration of documentation for perfection registration, subject to the availability of the of the tiUe of the Rats, to Flat Owners and Executor of the Will and the parties. related formalities with the concerned Sub- Registrar of Assurances and may consult property lawyer as they deem fit
4. The Representatives agree and undertake to 31 January 2025 set up AOP/legal entity referred to in Clause 5.4 of the said Memorandum and open the MGF Bank Acoount.
5. Michelle agrees and undertakes to transfer to Within 2 business days after disposal of the Plaintiff No.2 (Gianelli), by way of bank transfer Suit, Notice of motion and Interim Application or cheque, an amount of Rs. 20,00,000/-
(Rupees Twenty Lacs Only).
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6. Immediately upon opening of the MCF Bank Within 7 {seven) business days of the Account, the Representatives agree and opening ofthe MCF Bank Account undertake to transfer the Remaining Monies (if any) from the Maude Bank Account to the MCF Bank Account.
7. Michelle agrees and undertakes to conduct (i) To be initiated by� week of January repair work to the sliding door and gate inside 2026.
Flat No. 6 and the Pocket Terrace causing
(ii) thereafter from time to time, if any leakage In Flat No 1 . For this, Defendant No. 3 leakage occurs from the Pocket Terrace, into (Harold) agrees and undertakes to permit entry Flat No. 1 , as verified by an independent to Michelle's appointed labor/contractor to Rat contractor, {within reasonable timelines after such leakage occurs).
No. 6 and Pocket Terrace, as the sliding door and gate inside Flat No. 6 need to be removed and refixed after the flooring to the relevant area, Is waterproofed/sealed.
Defendant No. 3 (Harold) and Michelle agree and undertake to reasonably CCK>perate with each other in connection herewith, and Michelle undertakes to bear costs for this activity.
8. Plaintiff No. 3 (Harold) agrees and undertakes within 7 business days of this Agreement 1 to provide access to the Representatives. to the Property Tax online portal, including by making available any logins, passwords or such similar tools for accessing the same.
9. Defendant No.1 (Loy) agrees and undertakes Within 7 business days of this Agreement to provide access to the Representatives to the online portal, required to pay compound/garden I common electricity of Maudestan, , including by making available any logins, passwords or such similartools foraccessing the same.
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10. The Flat Owners agree and undertake to apply 31 May 2026 for, and obtain mutation of their respective Flat, in their respective names, from the applicable authorities, to enable separate property tax assessment and payment, as applicable. The Flat Owners agrees and undertakes to co-
operate with the Representatives to enable payment or property taxes in the most convenient and efficient method as determined by the Representatives, i.e. via the MCF dlrecUy, or individually subject to appllcable laws.
11.defined Parties hereby withdraw the Communication As soon as practicably possible (as defined in Clause 7.11 or the said Memorandum} if any and shall prompUy issue the Withdrawal Letters (as Clause 7. 11 if any.
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