1. Smt. Devinder Kaur and her sister Smt. Gursharan Kaur Mehta have filed the present suit against their brothers Shri S. Surjit Singh, Shri S. Ravinder Singh, Shri S. Gurcharan Singh, Defendants 1, 2 and 3 respectively and their sister Smt. Kanwal Bhalla, Defendant No.4 seeking declaration of the 1/6th share each of the parties and partition of the estate of their father late Shri Mohinder Singh.

2. The case of the Plaintiffs is that they and the Defendants are the Class-I legal heirs of their father late Shri Mohinder Singh who died intestate on 24th December 2003. Their mother Smt. Inder Kaur predeceased the father. She died intestate on 1st July 1987. Plaintiff No.1 was married to Shri Birender Singh Maini in 1962 and started living in her matrimonial home. She has two sons and a daughter. According to Plaintiff No.1, since the financial condition of her husband and son Shri Pawan Bir Singh was not sound they along with her daughter-in-law (wife of Shri Pawan Bir Singh) started harassing Plaintiff No.1 to get money from her father Shri Mohinder Singh. Plaintiff No.1 states that they beat her up brutally, locked her up without food and on 14th November 1998 attempted to kill her by pouring kerosene oil and setting her on fire. She states that she escaped and lodged a police complaint. She came to Delhi where again she was threatened and for which she lodged another police complaint on 18th December 1998. On seeing the plight of his daughter, Shri Mohinder Singh asked Plaintiff No.1 to live in his property at 14, Chelmsford Country Club Farms, Ghitorni, New Delhi (hereafter ‘the Chelmsford Club property’) where Plaintiff No.1 has been residing. Plaintiff No. 1 states that she has no independent source of income and was supported by her father till his death.

3. The Plaintiffs state that their father Shri Mohinder Singh made a Will on 19th September 1996 but revoked it on 29th June 1999. According to the Plaintiffs, he did not leave any Will thereafter. The Plaintiffs contend that since he died intestate on 24th December 2003 all the parties have equal share in his estate comprising immovable and movable properties as set out in Schedules I and II of the plaint. The details of the assets/properties of M/s. Mohinder Singh & Co. in which late Shri Mohinder Singh had 1/3rd share have been set out in Schedule III of the plaint. Plaintiff No. 1 states that after the death of the father Defendants 1, 2 and 3 took control of his entire estate except the Chelmsford Club property and the house at Putlighar Gali No.3, Amritsar (hereafter ‘the Amritsar property’) which are stated to be in the possession of the Plaintiffs. It is stated that all other immovable properties have been taken over by the Defendants 1, 2 and 3. Despite numerous request attempts, they are said to have refused to give the Plaintiffs their respective shares. They are also stated to be illegally appropriating the profits and assets of the partnership firm M/s. Mohinder & Co. In the above circumstances, the suit was filed.

4. While directing summons in the suit and notice in the application IA No. 540 of 2005 (under Order XXXIX Rules 1 & 2 CPC) the Court directed the parties to maintain status quo in relation to the properties mentioned in Schedules-I, II and III of the plaint.

5. Defendant No.1 filed written statement on 17th December 2005 inter alia stating that late Shri Mohinder Singh along with Defendants 1 to 3 and their respective wives executed a family settlement (‘FS’) on 29th July 1997. It is stated that Defendant No.2 was alone in possession of the said FS which he was filing along with his written statement. After the execution of the said FS, late Shri Mohinder Singh was left with the ownership of the business and properties, movable and immovable as mentioned in Schedule B to the FS. There were four partners in the firm M/s. Mohinder Singh & Co. comprising late Shri Mohinder Singh and his three sons Defendants 1, 2 and 3. Defendant No.1 withdrew