ASHWIN BHARAT KHATER Vs. URVASHI BHARAT KHATER

JUDGEMENT

(1.) By the present Application, the original Petitioner in the Testamentary Petition seeks dismissal of Caveat No. 248 of 2018 filed by the Respondent, who is the mother of the Applicant. The Applicant is propounding the Will dtd. 18/11/2016 of the Applicant's late father Bharat Vasudev Khater.

(2.) The Application pleads that the Respondent has accepted the Will and acted in consonance thereof. Under Clause 8 of the Will of the deceased, the Respondent had been given life interest in the properties and the Respondent accepted the benefits under the Will and acted in consonance thereof by executing two Leave and License Agreements with Aditya Birla Nuvo Ltd and Tea4 Health Private Limited in respect of the properties. At the time of execution of license agreement with Aditya Birla Nuvo Ltd on 20/1/2017, the Respondent had minor share in the property, which was thereafter gifted to the Applicant by gift deed dtd. 17/5/2017 and in the property licensed to Tea4Health Private Limited, the Respondent had no ownership rights. In so far as the gift deeds are concerned, the Respondent has now challenged the gift deeds by filing complaint with senior citizens tribunal which matter travelled up to Supreme Court and the parties are directed to maintain status-quo.

(3.) The Respondent has acknowledged the Will in the Board Resolution dtd. 13/7/2017 recording transmission of deceased's share in Laxsons (India) Private Limited to the Applicant, and, in the Memorandum of Understanding dtd. 29/5/2018. The resolution as well as removal of the Respondent as Director of the Company was challenged by the Respondent before National Company Law Tribunal by filing Company Petition No 1017 of 2020, which came to be dismissed on 12/3/2024.