DELHI HIGH COURT
RAJIV SAHAI ENDLAW
Nilima Sinha – Appellant
Versus
Dilip Kumar Shrivastava – Respondent
| Table of Content |
|---|
| 1. plaintiff claims partition of inherited property. (Para 3 , 4 , 5 , 6 , 7) |
| 2. legal analysis of partition claims and owners. (Para 8 , 10 , 11 , 12) |
| 3. citing precedent cases on partition law. (Para 13) |
| 4. court finds suit for partition misconceived. (Para 14 , 15 , 17 , 18) |
JUDGMENT
IA No.1375/2020 (for exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
CS(OS) 37/2020 & IA No.1373/2020 (u/O XXXIX R-1&2 CPC) & 1374/2020 (u/S 151 CPC)
3. The plaintiff has sued her two brothers and a sister and the heirs of another brother since deceased, for partition of property No.14, Palam Marg, Vasant Vihar, New Delhi.
4. It is the case of the plaintiff, (i) that the property was owned by the parents of the plaintiff; (ii) that the father of the plaintiff died on 21st January, 1992, leaving a Will whereunder his share in the property was bequeathed in favour of the mother of the plaintiff; (iii) that on demise of the father of the plaintiff, the mother of the plaintiff became the sole owner of the entire property and the leasehold rights in the land underneath the property were mutated in favour of the mother of the plaintiff alone; (iv)
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