DELHI HIGH COURT
RAJIV SAHAI ENDLAW
Vinay Khanna – Appellant
Versus
Krishna Kumari Khanna – Respondent
| Table of Content |
|---|
| 1. ownership disputes involving joint family properties. (Para 1 , 2) |
| 2. counterclaims and procedural matters. (Para 3 , 5 , 10) |
| 3. family members’ contributions to property. (Para 4 , 6 , 7) |
| 4. benami transaction implications. (Para 12 , 16) |
| 5. restrictions on property claims due to benami laws. (Para 18 , 21) |
| 6. dismissal of counterclaims without cause of action. (Para 22 , 23 , 24) |
JUDGMENT
1. Vinay Khanna and Anil Kumar Khanna have instituted this suit against defendants, for (i) declaration that property No.M-174, Greater Kailash Part-II, New Delhi is owned by the Joint Hindu Family (HUF) comprising of the plaintiffs and the defendants; (ii) declaration that the original defendant No.1 Prem Prakash Khanna was suffering from old age dementia and cognitive failure and was incompetent to take any decision; (iii) declaration that defendant No.2 Krishna Kumari Khanna was under absolute dominance and control of defendant No.7 Anu Narula and was incompetent to exercise her free will; (iv) declaration that the Power of Attorney dated 24th July, 2015 and consequent Gift Deed dated 4th August, 2015 executed by defendant No.2 Krishan Kumari Khanna on behalf of herself and as
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