Madras High Court
Unknown vs S.Govindaraj (Deceased) on 27 April, 2017
Author: K.Kalyanasundaram
Bench: K.Kalyanasundaram
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.04.2017 CORAM THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM T.O.S.No.14 of 1991 1. K.R.Ramamani(Deceased) (Amended as per Order dated 28.07.2015 in A.No.4923 of 2015) 2. Brig Chandar Govindaswamy ... Plaintiffs Vs 1.S.Govindaraj (Deceased) (Amended as per Order dated 28.07.2015 in A.No.4923 of 2015) 2.S.Padmavathy (Deceased) 3.Smt.Jyoti Balasundaram (The third defendant brought on records as Legal Heirs of Deceased the 2nd Defendant as per Order dated 17.08.2016 in A.Nos.3245&3247 of 2016) 4.Jayand Govindaraj 5.Jeyakumar Govindaraj (The 4th &5th Defendants brought on records as Legal Heir of deceased 1st defendant. as per Order dated 25.04.2017 in A.No.2557 of 2017) ... Defendants T.O.S.numbered on conversion of O.P.No.482 of 1990 as per Order dated 28.06.1991 in A.No.2368 of 1991 and O.P.No.482 of 1990 has been filed Under Sections 222 and 276 of the Indian Succession Act praying for grant of probate. For Plaintiff : Mr.G.Anbumani For Defendants : Mr.R.Parthasarthy for D1 Mr.C.Seethapathy for D2 JUDGMENT
The learned counsel for the plaintiffs as well as the learned counsel for the defendants state that the parties have entered into a compromise and they have filed a joint compromise memo dated 27.04.2017 signed by the Second Plaintiff & Defendants 3 to 5 and their Counsels. Joint memorandum of compromise reads as follows:
1. All parties accept the genuineness, truth and validity of the above mentioned Last Will and Codicil of Mrs.Vijaya Sadasivan in toto;
2. The Defendants agree to the grant of probate of the Will and Codicil of Mrs.Vijaya Sadasivan to the sole surviving Executor, Major General Chander Govindaswamy, for recovery of all assets due to the Estate as recited in the Will.
3. The parties to the compromise affirm that the Will and Codicil of Mrs.Vijaya sadasivan are in full force and have come into force after her death and they undertake to abide by the recitals therein, subject to disbursements as detailed hereunder.
4. All parties confirm hereby that bequests relating to jewelery of late Mrs.Vijaya Sadasivan had already been distributed to the beneficiaries, as per the Will and Codicil. 5. In the case of generic bequests of cash to various legatees, all such bequests made stand as specified in the Will dated 25.06.1987 and the executor will distribute all the bequests in accordance with the provisions of the Indian Succession Act 1925, to the legatees named in the will and codicil, or their heirs as applicable.
6. The Executor of estate of Mrs.Vijaya Sadasivan agrees to distribute the remaining assets, if any, that have accrued or will accrue to the estate of Mrs.Vijaya Sadasivan, to Mrs.Chitkala Govindaswamy only.
7. Mrs.Chitkala Govindaswamy, agrees to distribute the shares of BOC(India) or its successor-in-interest, Linde(India) which were co-owned by the testatrix on the date of her death in 1989 as follows:
(i) 1525 shares to Mrs.Jyoti Balasundaram (heir of S.Padmavati),
(ii) 763 shares to Jayanand Govindaraj (heir of S.Govindaraj); and
(iii) 762 shares to Jayakumar Govindaraj (heir of S.Govindaraj)
8. This clause refers specifically to the following assets which vested in the Estate of Mrs.Vijaya Sadasivan subsequent to her demise:
a) 9050 shares of Grasim industries (which derive from a 5:1 share split to the holdings of 1810 shares of Grasim Industries, co-owned by Mrs.Vijaya Sadasivan at the time of her demise)
b) 1034 shares of Ultratech Ltd., issued to holders of shares in Grasim Industries, subsequent to the demise of Mrs.Vijaya Sadasivan;
c) Amount of Rs.30,000/- received as proceeds from the delisting of Madura Coats shares.
50% of the above will go to Mrs.Chitkala Govindaswamy, 25% will go to Mrs.Jyoti balasundaram (as legal heir of S.Padmavathy), 12.5% will go to Jayanand Govindaraj (as legal heir of S.Govindaraj) and 12.5% will go to Jayakumar Govindaraj (as legal heir of S.Govindaraj); and not as provided in the Last Will and Codicil of Mrs.Vijaya Sadasivan.
9. The above mentioned parties viz. Mrs.Jyoti Balasundaram, Jayanand Govindaraj and Jayakumar govindaraj, are not entitled to any other claim or interest, express or implied, nor any other right in the estate of Mrs.Vijaya Sadasivan, except as stated herein above.
10. All expenses borne by the Executors in the process of obtaining probate of the Will and Codicil, will be recovered in full from the state of Mrs.Vijaya Sadasivan, in accordance with the provisions of the Indian Succession Act, 1925.
11. All liabilities to Income tax, wealth tax, Gift tax or any other tax or liability due to the Government of India and/or arise as a result of this distribution shall be borne by the respective beneficiaries and not by the Estate of Mrs.Vijaya Sadasivan.
12. the executors obligations cease completely upon the distribution of the assets of the Estate of Mrs.Vijaya Sadasivan as above said as per the Indian Succession Act,1925. No further claims will be entertained.
13. Mrs.Chitkala Govindaswamy, W/o. Maj.Gen.Chander Govindaswamy, is a consenting party under this Memorandum of Compromise.
14. All parties pray that this Hon'ble court may be pleased to grant probate as prayed for and that this memorandum of compromise be attached to the decree.
2.The Joint Memorandum of Compromise is taken on record. Mrs.Chitkala Govindaswamy, who is not party to this suit is present before this Court. She has given consent for grant of probate to the plaintiffs and also signed in the Joint Memo of Compromise. By consent the original Will and the codicil are marked as Ex.C1 and Ex.C2. T.O.S. is decreed in terms of the Joint Memorandum of Compromise and Joint Memorandum of Compromise shall form part of the decree. No costs.
27.04.2017 dh/kp Index:Yes/No Internet: Yes/No Speaking Order/Non Speaking Order Note: The office is directed to issue certified copy of the judgment within a period of two weeks.
To The Sub Assistant Registrar, Original Side, High Court, Madras.
K.KALYANASUNDARAM, J., dh/kp T.O.S.No.14 of 1991 27.04.2017 http://www.judis.nic.in