Probata and will

Snigdha (Querist) 14 December 2015 This query is : Resolved
Note:
1. Parties are Hindus.
2. Not at any place where Probate is necessary as per sec 213 (Indian succession Act)

Can a party who filed probate enter into settlement deed with the ones who the will bars to take the property?

This is part of my moot problem, with facts similar to Rajkumar Devraj & Anr. etc. Vs.Jai Mahal Hotels Pvt. Ltd. & Ors. etc. [2013] 113 CLA 387 (Delhi)

In December 2005 Queen Kim while cleaning the room of King Ray and arranging his personal documents found a Will dated 23.06.1996 wherein King Ray had stated:
“My Dear Mommy,
As you are aware, I have not been keeping too well. I telephoned North and Wild but as usual they refused to speak to me. I am very disturbed by the children’s attitude, no doubt influenced by their mother. I know that Carlen will try to grab my property through the children.
Therefore on my demise, I hereby disinherit my children North and Wild from getting/claiming any part of my estate. I hereby bequeath all my movable and immovable properties and assets to you only.
My signature is witnessed by the two signatories below
Love always”
17. That in the Month of May 2006, The Royal Retreat Group of Hotels Resorts and Palaces (hereinafter referred to as the Company) received a letter from Queen Kim requesting transmission of all the shares standing in the name of late King Ray in her favour in view of the Will dated 23.06.1996 and she further filed an Application before the District Judge of Thelesalonica being Probate Petition No. 72 of 2006 on the basis of the aforesaid Will. However, the Company in its Annual General Meeting decided that in light of the dispute regarding the estate of late King Ray and the civil cases pending in the Testamentary Jurisdiction of the District as well as High Court of Thelesalonica, any person requesting for the transmission of shares of late King Ray would be required to produce the evidence by way of appropriate title through a Probate, failing which the Company would not transfer the shares in dispute to any individual.
18. The Company communicated the same to Queen Kim and thus expressed its difficulty in transmitting the disputed shares in favour of Queen Kim or any other claimant till a proper Probate was passed by the Court of competent jurisdiction. On 08.05.2009 during their visit to the Province of Thelesalonica, the grandchildren of Queen Kim entered into a Settlement Deed with her before the District Court with regards to the share in the property of King Ray, wherein it was agreed that the assets would be divided equally in a one third share amongst themselves and thus accordingly obtained a Succession Certificate on the very same day.

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