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, Seco