DINESH KUMAR Vs. NARAYANI DEVI & ORS

JUDGEMENT

(1.) The plaintiff has instituted the present suit against the defendant No.1(mother) and defendants No.2 & 3(sisters), seeking partition and rendition of accounts etc.

(2.) Counsels for the parties state that the plaintiff is suffering from mental retardation and the present suit has been instituted on his behalf, by Smt.Neetu, his wife and next friend.

(3.) During the pendency of the present proceedings, in view of the relationship between the parties, they were referred to the Delhi High Court Mediation & Conciliation Centre. Now a Settlement Agreement dated 20.1.2015 has been filed, whereunder the parties have agreed that the retiral benefits received by late Sh. Gyan Chand(father of the plaintiff and husband of the defendant No.1) would be divided between all the four legal heirs to the extent of 1/4th share each. Further, the defendant No.3 has agreed to give her 1/4 th share to Ms.Neetu, wife of the plaintiff, of her own free will and volition. It has been agreed that the defendant No.1-3 shall pay a lump sum amount of Rs. 2,50,000/- to the plaintiff within 30 days from the date of receiving all the outstanding amounts from the DDA with regard to the retiral benefits of late Sh.Gyan Chand. The parties have agreed that the defendant No.1 shall execute a gift deed in respect of the residential premises owned by late Sh.Gyan Chand, in favour of the plaintiff's son, Master Kartik with a condition that the donee shall have the right to sell the same only after he attains the age of majority. The remaining terms and conditions of the settlement have been set out in para 7 of the Settlement Agreement.