The main legal point established in the judgment is the application of the Hindu Succession Act, 1956 to determine the devolution of property amongst the legal heirs, and the rejection of the appellant's claim that the properties were joint family properties.

JUDGMENT :

(Neena Bansal Krishna, J.)

1. Mr. Rajive Bhatia/respondent No. 1, (who is the plaintiff in the main Suit), had filed suit bearing CS(OS) 600/2017 seeking Preliminary and Final Decree of Partition in respect of the Property bearing No. 92, measuring 200 sq. yards, Raja Garden, New Delhi-110027 (hereinafter referred to as “suit property”).

2. Shri Ved Prakash Bhatia, father of the parties to the Suit, was the owner of the suit property having purchased the same vide Sale Deed dated 21.07.1965. On his demise on 28.01.2007, the property devolved upon his four legal heirs, namely, Mr. Sanjay Bhatia and Mr. Rajive Bhatia, (the two sons), Smt. Shanta Bhatia (wife) and Ms. Anita Bhatia (daughter) in equal share of 25% each, but the property was kept joint and not partitioned out of deep respect and regard for the mother. The mother/Smt. Shanta Bhatia, out of love and affection for Rajive Bhatia, relinquished her 1/4th share in the suit property in favour of Rajive Bhatia vide Relinquishment Deed dated 11.12.2013 which was witnessed by respondent No. 3/Anita Bhatia. Rajive Bhatia became the owner of 50% share in the suit property while appellant and the respondent No. 3 each became the owners of 25% share each in the suit property.

3. The respondent no. 1, Mr. Rajive Bhatia asserted that he and appellant were in occupation of different portions of the suit property and certain disputes arose between them. Mr. Sanjay Bhatia/appellant, (who is defendant No. 1 in the main Suit), filed a Suit bearing CS(OS) 2159/2015 seeking Mandatory and Permanent Injunction, wherein he admitted that the suit property was a self-acquired property of Shri Ved Prakash Bhatia and that the appellant and the respondents herein were the owner being the legal heirs of Shri Ved Prakash Bhatia. It was also admitted that the suit property had not been partitioned by metes and bounds between four legal heirs.

4. Since Smt. Shanta Devi had relinquished her 1/4th share in favour Mr. Rajive Bhatia, he became the owner of 50% share of the suit property, while Mr. Sanjay Bhatia and Ms. Anita Bhatia became the owners of 1/4th share in the suit property.

5. It was further asserted that Shri Ved Prakash Bhatia had left some moveable properties, included bank accounts LIC Policies, FDRs, Shares and Debentures, Locker, Jewellery of which the appellant, respondent no. 2/mother and respondent no. 3/sister were in control and they were liable to render full account of the moveable assets from the date of demise of Shri Ved Prakash Bhatia, i.e., 28.01.2007.

6. Thus, the Suit for Partition bearing CS(OS) 600/2017 was filed by respondent No. 1 claiming Preliminary and Final Decree of Partition by metes and bounds of the suit property and other assets of the deceased father.

7. The Appellant/Mr. Sanjay Bhatia in his Written Statement claimed that Late Shri Ved Prakash Bhatia was in the real estate business and was having good income. He left the following immoveable properties:

(i) Freehold Plot bearing No. 92, measuring 200 sq. Yards, Raja Garden New Delhi-110027,(i.e. the suit property)

(ii) Ground Floor of FA-127, Mansarovar Garden, New Delhi-110015, (in respect of which, the Relinquishment Deed dated 16.09.2009 was executed by all the legal heirs of Shri Ved Prakash Bhatia, in favour of Smt. Shanta Bhatia).

(iii) First and Second Floor of Property bearing No. D-36, Gali No. 1, Govind Puri, Opposite Kalkaji,

(iv) Moveable properties, including money in bank, LIC Policies, FDRs, Shares, Debentures, Gold and Silver Ornaments, Cash, and

(v) Assets in real estate business and the business run by him.

8. Also, Shri Ved Prakash Bhatia used to put his income in his account as well as his wife’s account, namely, Smt. Shanta Bhatia. Consequently, the money in the accounts of Smt. Shanta Bhatia belonged to all the legal heirs of Shri Ved Prakash Bhatia. The properties that were purchased in the name of Smt. Shanta Bhatia were also understood to be the properties of the deceased father. In ad