1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY SUIT NO.40 OF 2007 WITH TESTAMENTARY PETITION NO.183 OF 2007 Sandhya Sital Sangtani .. Plaintiff Versus Sharda Sital Sangtani & Ors. .. Defendants Mr.Mohan Bir Singh for plaintiff Mr.Ashish Kamath with Munaf Virjee, Vivek Shetty & Mayuresh Borkar i/b. DSK Legal for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : December 18, 2009. P.C.: 1] This is a petition for Letters of Administration to the property and credits of S.B.Sangtani (deceased). The plaintiff is the daughter of the deceased. Defendant No.1 is the wife of the deceased and defendant Nos. 2 and 3 are the sons of the deceased and brothers of the plaintiffs. The grant was opposed and that is how the proceedings were converted into a suit. 2 2] The matter was placed before me from time to time for directions and adjournment was sought on the ground that parties are negotiating for an overall settlement. Today, when the matter was placed on board, both sides stated that they have fully settled their disputes and reduced the terms in writing. Plaintiff has agreed to accept a sum of Rs.98 lakhs in full and final settlement of all her claims insofar as estate of the deceased. She would also not lay any claim on the estate of defendant No.1 and claim any share therein. The defendants, to complete exclusion of plaintiff, then can, deal with the estate and the plaintiff will have no objections and/or claims in that behalf. 3] However, the sum of Rs.98 lakhs has to be paid in the manner set out in the consent terms. The post dated cheques have been duly handed over and parties have assured the Court that the post dated cheques will be honoured on presentation. They have also agreed that time would be essence and dishonour of cheques would result in revival of the proceedings and, thereafter, plaintiff can claim her share in the estate of the deceased so also in the properties of defendant No.1. However, to enable the defendants to make payment of this sum, plaintiff has expressed her readiness and willingness to permit them to sell the 3 immovable property more particularly described in the terms. She has given them full right to sell the same and agreed that she would not make any claim in respect thereof. The sale can go through to her complete exclusion. However, a release deed being prepared by parties, which shall be kept in escrow with an Advocate, whose name has been set out in the terms. Clause 5 of the terms permit the sale of flats and record plaintiff’s no objection thereto. 4] Plaintiff and defendants are present in Court. The terms are duly explained to them with their implications and consequences. All of them are familiar and can read and write in English. The Advocates have also signed the terms. The parties have understood their respective obligations so also rights. In such circumstances, there is no impediment in taking the terms on record and passing an order in furtherance thereof. Consent terms are taken on record and marked “X” for identification. There will be an order in terms of consent terms. Undertakings of defendants in clause 3 is accepted. (S.C.DHARMADHIKARI, J)