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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Sanjay Bhatia – Appellant
Versus
Rajive Bhatia – Respondent
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 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 appella....
A relinquishment deed executed by a legal heir is valid, thereby allowing partition of self-acquired property among designated heirs.
The main legal point established in the judgment is that unless prior partition is established, there shall be a presumption that the property is joint family property, and a family arrangement in th....
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
The burden of proof in establishing joint family property and partition lies with the party alleging its existence. The court also emphasized the entitlement of daughters to share in joint Hindu fami....
The main legal point established in the judgment is the applicability of Central Act 39/2005, which entitles daughters to equal shares in ancestral properties. The court's decision was influenced by ....
A partition deed long acted upon by all parties through possession and alienation is binding and cannot be reopened by descendants, especially when the original parties to the partition accepted the ....
In a partition suit, registered documents act as constructive notice, initiating the limitation period. Prolonged exclusive possession of ancestral property by a co-owner establishes ouster. Addition....
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