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DELHI HIGH COURT
SURESH KUMAR KAIT
Anju Parwani – Appellant
Versus
Ashwani Parwani – Respondent
| Table of Content |
|---|
| 1. ownership and distribution of property shares (Para 1 , 2 , 3 , 4) |
| 2. maintaining status quo and mediation order (Para 5 , 6) |
| 3. validation of settlement agreement (Para 7 , 10) |
| 4. acceptance of settlement terms by parties (Para 8 , 9) |
| 5. decree based on settlement agreement (Para 11 , 12) |
| 6. final order disposing of the suit (Para 13) |
1. The present suit has been filed for partition and permanent injunction by the plaintiffs in respect of property bearing No.43/16, 2nd Floor, East Patel Nagar, New Delhi-110008 declaring the Plaintiff No. 1 to be 2/3rd owner of the suit property and both Plaintiff No. 2 and Defendant No. 1 to be the owner to the extent of 1/6th share.
2. The crux of the suit is plaintiff no.1 along with her husband Late Mr.Jawaharlal Parwani, who is father of plaintiff no.2 and defendant no.1, had purchased half undivided share each in the suit property vide two separate sale deeds, both dated 15.09.2000. One half undivided share in the properties was registered in the name of Late Jawaharlal Parwani and the other half undivided share in the property was in the name of plaintiff no.1 without terrace/roof rights in the freehold prope
The court recognized and enforced a settlement agreement reached through mediation, affirming its validity and establishing property division post intestate succession.
The validity and lawfulness of a mutually settled Settlement Agreement can influence the court's decision in a property dispute case.
In intestate succession under Hindu law, all legal heirs have equal rights to property, entitling them to specified shares as determined by statute.
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A will must be probated to convey title; without probate, a settlement deed executed based on an unproven will is ineffective.
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