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2014 Supreme(Del) 1777
High Court of Delhi
PRADEEP NANDRAJOG & MUKTA GUPTA, JJ.
Meera Jain & Another
Versus
Sundari Devi Garg & Others
FAO(OS) No. 193 of 2014
Decided on: 28-07-2014
For the Appellants:Kapil Khosla, Advocate In person.
For the Respondents:R1, Varun Nischal, R2, Harish Malhotra, Sr. Advocate instructed by Vikas Arora, Advocates. In person.
The central legal point established in the judgment is the importance of interpreting family settlements and general power of attorney in property disputes to determine the rights and obligations of the parties.
Headnote:
Family Settlement - Property Dispute - A-1/66, Safdarjung Enclave, New Delhi - [Memorandum of Family Settlement, General Power of Attorney] - The court discussed the interpretation of the memorandum of family settlement in light of the general power of attorney executed by the parties, highlighting the joint ownership of common areas and the rights and obligations of the parties in relation to the property.
Fact of the Case:
The dispute arose from a family settlement concerning the inheritance of a property after the death of the owner. The claimants contested the construction of a third floor on the property, based on the interpretation of the family settlement and general power of attorney.
Finding of the Court:
The court found that the interpretation of the family settlement and the general power of attorney was crucial in determining the rights and obligations of the parties in relation to the property. The court also emphasized the balance of convenience and the need to prevent damage to the property.
Issues: The key issue was the interpretation of the family settlement in light of the general power of attorney, specifically regarding the construction of a third floor on the property.
Ratio Decidendi: The court upheld the impugned order, emphasizing the balance of convenience and the need to prevent damage to the property. The court also highlighted the rights and obligations of the parties as determined by the family settlement and general power of attorney.
Final Decision: The appeal was dismissed, and the court requested the lower court to settle the issues and proceed with the suit based on the interpretation of the family settlement and general power of attorney.
Pradeep Nandrajog, J.
1. Late Sh.Banwari Lal Garg was the owner of house No.A-1/66, Safdarjung Enclave, New Delhi. He died intestate on February 19, 2008 and was survived by his wife Sundari Devi and three daughters named Meera, Sunita and Anita.
2. The mother and the daughters recorded a memorandum of family settlement in writing on March 12, 2008 concerning how they would like the parties to inherit the house owned by the deceased. The recital and the terms of settlement are as under:-
“AND WHEREAS to arrive at an amicable settlement and to avoid any dispute in future, and with a view to have well defined demarcated portions in the said residential house No.A- 1/66, Safdarjung Enclave, New Delhi – 110029, all the four parties to this deed of settlement have arrived at a settlement for the ownership and the possession of the Said Property in the following manner:
1. That the ‘First party of the One Part’, Smt.SundariDevi Garg W/o Late Sh.Banwari Lal Garg R/o A-1/66, Safdarjung Enclave, New Delhi, shall have the right to reside on the Ground Floor.
1(a). That Smt.Sunita Jain W/o Mr.Sudershan Jain, D/o Late Sh.Banwari Lal Garg at A-1/66, Safdarjung Enclave, New Delhi, Second Party of Other Part, shall have full and absolute ownership rights in respect of the Ground Floor of Property No.A-1/66, Safdarjung Enclave, New Delhi – 110029. That none of the other three parties to this deed have any rights whatsoever in respect of the Ground Floor as above save and except, the right of the First Party (Mother) to reside on the Ground Floor.
1(b). That Smt.Sundari Devi Garg ‘First Party’ and also the two other parties namely ‘Third Party’ and ‘Fourth Party’ have no objection to the Ground Floor being mutated and substituted exclusively and absolutely in the name of Smt.Sunita Jain, the Second Party in the records of DDA, MCD and all other Municipal records as the absolute and exclusive owner of the Ground Floor.
2. That Smt.Anita Gupta W/o Sh.Anil Gupta, D/o Late Sh.Banwari Lal Garg R/o A-1/66. Safdarjung Enclave, New Delhi, the ‘Third party of Other Part,’ who is in occupation and possession of the first floor all along shall be the full and absolute owner of the First Floor of Property No.A-1/66, Safdarjung Enclave, New Delhi – 110029 and the rest of the three parties to this deed have no objection to the mutation and substitution of Smt.Anita Gupta in the records of DDA, MCD and all other local Municipal and other Authorities as the absolute and full owner of the First Floor.
3. That Smt.Meera Jain W/o Late Vinod Jain, D/o Late Sh.Banwari Lal Garg at A-1/268, Safdarjung Enclave, New Delhi, the ‘Fourth Party of Other Part,’ shall be the absolute and exclusive owner of the Second Floor of the Property No.A 1/66, Safdarjung Enclave, New Delhi – 110029 and the rest of the three parties to this deed have no objection to the mutation and substitution of Smt.Meera Jain in the records of DDA, MCD and all other local, Municipal and other Authorities as the absolute and full owner of the Second Floor.
3(a). That the ‘First Party of the One Part’, Smt.Sundari Devi GargW/o Late Sh.Banwari Lal Garg R/o A-1/66, Safdarjung Enclave, New Delhi – 110029 shall have to the right to exclusively use the rental income of the Second Floor of the Said Property during her lifetime as long as Second Floor is rented/leased out.
x x x
As regards Driveway, Roof/Terrace, Servant Quarters and any other common area/space of the Said Property, they shall be under joint ownership of all the original heirs and their families of late Sh.Banwari Lal Garg who are residing in the Said Property.”
3. Meera and Sunita executed a general power of attorney on March 13, 2008 in favour of Anita. Sundari Devi also executed a general power of attorney. As per the said general power of attorney(s), the mother and the two siblings of Anita authorized her to effect additions and alterations in the existing house after obtaining sanction from the Corporation.
4. Meera and Suni
