Late Mrs. Batul Bai passed away on 18.6.1987, leaving behind her husband Mr. Abbas Bhai (now deceased), the appellant herein, Respondent Nos.1 and 3 (sons) and Respondent No.2 (daughter) as her legal heirs. Since late Mrs. Batul Bai passed away intestate, O.P. No.516 of 1988 was filed by her husband Mr. Abbas Bhai for grant of Letters of Administration. In the said proceedings, consent affidavits were filed by the sons and the daughter, giving no objection for grant of Letters of Administration in favour of Mr. Abbas Bhai. The Letters of Administration were granted on 9.3.1989 in respect of the estate left behind by late Mrs. Batul Bai.

2. A Memorandum of Understanding and a Deed of Family Settlement was executed on 1.10.1997 at Bangalore amongst the family members, in terms whereof the estate of late Mrs. Batul Bai was distributed among her legal heirs. Mr. Abbas Bhai, however, did not take any share in the property. The settlement notes that in view of the indifferent health and advanced age of Mr. Abbas Bhai and his being not involved with the family business, the children would pay a sum of Rs.5,000/- each per month from the partnership firms towards his maintenance and