A gift deed executed by a deceased, if validly registered and accepted, cannot be dismissed without substantial proof of fraud or forgery.

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. The Plaintiff has approached this Court with the following prayers:-

"(i) Pass a Decree of Declaration in favour of the plaintiff and against the defendants thereby declaring absolutely false, forged and fabricated Gift Deed dated 16.01.1987 and registered at Sub-Registrar, Delhi on 16.01.1987 as document no. 529 entered in Additional Book No. 01, Volume No. 5071 on pages 168 to 171, Conveyance Deed dated 17.01.2002 from DDA and registered at Sub-Registrar-VII, New Delhi on 18.01.2002 as document no. 19896 entered in Additional Book No. 01, Volume No. 704 on pages 98 to 99, Mutations by Delhi Development Authority, Municipal Corporation of Delhi, Delhi Jal Board and Electricity Department of the suit property of Plot No. 31, Block B-1, in the layout plan of The Mianwali District Cooperative House Building Society Limited measuring 322.95 Sq. Yards situated at Village Nangloi Jat & Gurhi Piraa, Delhi in favour of the defendant no. 1 as null and void and of no effects whatsoever.

(ii) Pass a preliminary decree of Partition of 1/4th (One-fourth) share in the suit property of Plot No. 31, Block B-1, in the layout plan of The Mianwali District Cooperative House Building Society Limited measuring 322.95 Sq. Yards situated at Village Nangloi Jat & Gurhi Piraa, Delhi in favour of the plaintiff and against the defendants, and Grant a final decree of Partition in favour of the Plaintiff and against the Defendants thereby partitioning the suit properties of Plot No. 31, Block B- 1, in the layout plan of The Mianwali District Cooperative House Building Society Limited measuring 322.95 Sq. Yards situated at Village Nangloi Jat & Gurhi Piraa, Delhi by metes and bounds into four equal shares and awarding the separate actual physical possession of 1/4th (one-fourth) of the suit property to the plaintiff and allowing the plaintiff to enjoy his complete 1/4th (one-fourth) share in the suit property. If the partition of the suit property by metes and bounds is not feasible, then the suit property may ordered to be sold by public auction through Court and proceeds thereof be divided between the parties to the suit in accordance with their share and entitlement.

(iii) Award the costs of this suit to the plaintiff as against the defendants jointly and severally.

(iv) Grant any other suitable relief, which this Hon'ble Court may deem just and proper in the circumstances of the case in favour of the plaintiff and against the Defendants."

2. The plaint has been filed by the Plaintiff through his brother-in-law i.e., the brother of the Plaintiff's wife, who is the Power of Attorney of the Plaintiff. It is stated in the plaint that the Plaintiff is the son of late Rikhi Kesh, R/o B1/31 Mianwali Nagar, New Delhi. It is stated that Defendant No.1 is the brother of the Plaintiff. Defendant No.2 is the mother, i.e., wife of late Rikhi Kesh. Defendant No.3 is the sister of the Plaintiff.

3. It is stated that the father of the Plaintiff, i.e., Rikhi Kesh passed away on 15.09.2014 and as per the averments made in the plaint, the Rikhi Kesh died intestate. It is stated that the Plaintiff and the Defendants are the only legal heirs of late Rikhi Kesh.

4. It is the case of the Plaintiff that at the time of his death, late Rikhi Kesh was the absolute owner of the plot bearing Plot No.31, Block B-1, Mianwali Nagar, New Delhi in the layout pla