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1991 Supreme(Del) 440

USHA MEHRA
RAHUL BEHL – Appellant
Versus
ICHAYAN BEHL – Respondent


Advocates Appeared:
ANITA GUPTA, S.N.Gupta, S.N.MARVAH, S.P.Goel

Usha Mehra, J.

( 1 ) PLAINTIFF Rahul Behl and others have filed this suit for deciaration against Smt. Ichayan Behl and Dr. Surendes Nath Behl on the grounds that house No R-20 Greater Kailash Part I New Delhi, was the self-acquired property of Dr. Brij Nath Behl. father of defendant No. 2 and grand-father of the plaintiffs. The plaintiffs have 1/6th share in the same. According to them the said property after the death of Dr. Brij Behl devolved on his heirs i e. three sons : Surender Nath Behl, Ravinder Behl, Sidharath Behl, his daughter Smt. Savita Luthra, his widow Smt. Ichayan Behl. After the death of Dr Brij Nath Behl the property fell into the Hindu Joint Family and became a coparcenery property. Consequently the plaintiffs acquired I/6th share as co-parceners on their birth. Defendant No. 2, father of the plaintiffs had no right to release his 1/6th share in the house which actually belonged to co-parcenary consisting of the plaintiffs and defendant No 2 Relinquishment of his 1/6th share in favour of defendant No. 1 was illegal and against law. Defendant No. 2 was Karta of the plaintiffs and bad thus no authority to dis-inherit them from this coparcenary property. The releas








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