1. Petition for transfer of proceedings for grant of Succession Certificate under Section 372 of the Indian Succession Act. (Para 1 )
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2021 Supreme(SC) 207
SUPREME COURT OF INDIA
V. RAMASUBRAMANIAN, J.
Kriti Agarwal - Appellant
Versus
Veena Rastogi - Respondent
Transfer Petition (Civil) No. 166 of 2019
Decided on : 01-02-2021
Advocates:
Advocate Appeared:
For the Appellant :Mr. Shrey Kapoor, Advocate, Mr. Kartikey Bhatt, Advocate, for M/S. Aura & Co., Advocate
For the Respondent:Ms. Manisha T. Karia, Advocate.
Advocate Appeared:
For the Appellant :Mr. Shrey Kapoor, Advocate, Mr. Kartikey Bhatt, Advocate, for M/S. Aura & Co., Advocate
For the Respondent:Ms. Manisha T. Karia, Advocate.
IMPORTANT POINT
Petition for transfer of proceedings for grant of Succession Certificate can be disposed of in view of settlement arrived at between parties.
Headnote:
Civil Procedure Code, 1908 – Section 24 – Indian Succession Act, 1925 – Section 372 – Transfer of proceedings for grant of Succession Certificate – By signing Settlement Agreement, parties solemnly state and affirm that they have no further claims or demands against each other regarding this matter, and all disputes and differences have been amicably settled by parties hereto through process of Mediation – Parties undertake that to abide by terms and conditions set out in Settlement Agreement which have been arrived at without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth – Settlement Agreement supersedes all negotiations and discussions held between parties regarding this matter--Transfer Petition disposed of in view of settlement. (Paras 7, 8 and 12)
Facts of the case:
Wife of one late Sh. Tarun Rastogi has come up with the petition seeking transfer of the proceedings initiated by her mother-in-law for the grant of a Succession Certificate under Section 372 of Indian Succession Act, now pending on the file of Civil Court, Senior Division, Pune to the District Court, Moradabad, Uttar Pradesh. This Court referred the parties to the Supreme Court Mediation Centre.
Findings of Court:
Parties shall produce the copy of the Settlement Agreement and the copy of this order before Court where proceedings are pending or before the Authorities who hold properties of the deceased or the companies which owe money or in which shares are held by the deceased, so that they act accordingly to the satisfaction of both the parties.
Result : Transfer Petition disposed of with directions.
Act Referred
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Table of Contents
2. The court observed that the parties reached a comprehensive settlement through mediation regarding the distribution of assets, liabilities, and property rights. (Para 2 , 3 , 4 )
3. A transfer petition may be disposed of when parties reach a comprehensive settlement through mediation regarding the subject matter of the dispute. (Para 2 , 4 )
4. Transfer petition disposed of; parties directed to produce the settlement agreement and court order before relevant authorities to implement the asset distribution. (Para 4 )
5. Can a transfer petition be disposed of based on a mediation settlement?
Yes, if parties reach a settlement through a mediation centre regarding the subject matter of the dispute, the court may dispose of the transfer petition accordingly. (Para 2 , 4 )
6. Can parties settle the distribution of a deceased's estate and liabilities through mediation?
Yes, parties can enter into a comprehensive settlement agreement via mediation to divide assets, liabilities, and property shares, which the court can recognize to dispose of pending litigation. (Para 2 , 3 )
ORDER :
1. The wife of one late Sh. Tarun Rastogi has come up with the above petition seeking transfer of the proceedings initiated by her mother-in-law for the grant of a Succession Certificate under Section 372 of Indian Succession Act, now pending on the file of Civil Court, Senior Division, Pune to the District Court, Moradabad, Uttar Pradesh.
2. This Court referred the parties to the Supreme Court Mediation Centre. Before the Mediator, the parties have entered into a Settlement Agreement dated 08.12.2020.
3. The Settlement Agreement read as under:
i. The parties have agreed that they have under mentioned approximately Rs. 83,88,509/-, (Eighty Three Lakh Eighty Thousand Five Hundred and Nine Only), receivable from the insurance companies towards the policies taken by the deceased, amounts lying in the bank account of deceased, amount towards the life insurance of the deceased, detailed as under :-
INSURANCE POLICIES
| SR. NO | COMPANY & ADDRESS | POLICY NO | TYPE OF POLICY | SUM INSURED (INR) | NOMI -NEE |
| 1. | ICICI Prudential Life Insurance Co. Ltd. | 20613565 | Life insurance | 40,00,000/- (Fourty Lakhs Only) | Kriti Agar -wal (Wife) |
| 2. | ICICI Lombard General Insurance Co Ltd. | Policy No.: 4049/95762299/03 | Personal accident insurance | 15,00,000/- (Fifteen Lakhs Only) | none |
BANK ACCOUNT
| SR. NO | NAME OF BANK AND ADDRESS | ACCOUNT NO. | TYPE OF ACCOUNT | BALANCE | NOMINEE |
| 3. | ICICI Bank | 000801597032 | Savings | Amount Not Known | Veena Rastogi (Mother) |
INSURANCE POLICY ALREADY PAID OUT TO KRITI AGARWAL ON 10 OCT 2018
SR. NO.
COMPANY & ADDRESS
POLICY NO
TYPE OF POLICY
SUM INSURED (INR)
NOMI - NEE
4.
TATA AIA LIFE INSURANCE COMPANY LIMITED
C174910592
Life Insurance Smart Income Plus
1,98,000/- (One Lakh Ninety Eight Thousand Only)
Kriti Agarwal (Wife)
(Already received by petitioner to be paid 50% share to Respondent as agreed)
Insurance POLICIES TAKEN BY EMPLOYER i.e. CAVINKARE PRIVATE LIMITED, 12, Cenotaph Road, Chennai - 600018 ------ EMPLOYEE NO 1012155
| SR. NO. | COMPANY & ADDRESS | TYPE OF POLICY | SUM INSURED (INR) | NOMINEE | POLICY NO |
| 5. | Edelweiss Tokyo Life | Employee Deposit Linked Insurance | 6,00,000/- (Six Lakhs Only) | None | Not known |
| 6. | New India Assurance | Group Personal Accident Insurance | 12,70,860.00 (Twelve Lakhs Seventy Thousand Eight Hundred and Sixty Only) | None | Not known |
| 7. | New India Assurance | Group Life Insurance | 1,60,000/- (One Lakh Sixty Thousand Only) | None | Not known |
CLAIMS TO BE RECEIVED FROM EMPLOYER I.E. CAVINKARE PRIVATE LIMITED, 12, CENOTAPH ROAD, CHENNAI 600018 EMPLOYEE ID 1012155
| SR. NO. | COMPANY & ADDRESS | NATURE OF CLAIMS | AMOUNT | NOM- INEE |
| 8. | CavinKare Private Ltd | Gratuity from Employer | Approx 12,220/- (Twelve Thousand Two Hundred and Twenty Only) | Veena Rastogi + Kriti Agarwal |
| 9. | CavinKare Private Ltd | Employee Provident Fund | 46,620 (Fourty Six Thousand Six Hundred and Twenty Only) + interest | Kriti Agarwal(Wi fe) |
| 10(a) | CavinKare Private Ltd | Leave encashhment | 14,121/- ( Fourteen Thousand One Hundred and Twenty One Only) | none |
| 10(B) | Incentives | 1,35,000/- (One Lakh Thirty Five Thousand Only) | none | |
| 10(C) | Travel Claims | 1,25,000/- (One Lakh Twenty Five Thousand Only) | none | |
| The Deceased was the Employee of the said Employer and was entitled to the above referred benefits towards Leave Encashment, Incentives, Travel claims. This is also a part of debts/security payable to the Deceased creditor by the Company. Therefore this item is also included in the present Petition. | ||||
PROVIDENT FUND LINKED WITH PREVIOUS EMPLOYMENT BHARTI AIRTEL SERVICE LIMITED
| SR NO . | COMPAN Y & ADDRES S | PROVIDENT FUND NO. | NATURE | AMOUNT | NOMINEE |
| 11 . | Bharti Airtel Services Ltd, | DLCPM0036793000/101/DLCP M00367930000018378 | Employee Provident Fund | 3,26,688/- (Three Lakh Twe |
