ORDER

1. By this writ petition, the order dated 20.8.2018 passed by Additional Commissioner, Bhopal passed in Case No. 167/Appeal/2017/18 has been challenged.

2. According to the Petitioner as well as the respondents, the necessary facts for the disposal of the writ petition are that Mahendra Singh and Rajesh Singh (Respondents in W.P. No. 20/2019) are the real brothers of Radha Bai (Petitioner in W.P. No. 20/2019). The family tree is as under :

(Neither the petitioner nor the respondents have made a specific 2019 statement, that Prem Singh had only one Son, namely Kamal Singh. Thus, this judgment would be purely in personam and not in rem)

3. It is submitted by the Counsel for the Petitioner that her grand father, namely Prem Singh was the owner of approximately 122 bighas of land situated in village Sankalkheda. After the death of Prem Singh, his son Kamal Singh (father of the Petitioner) inherited the said property and after the death of Kamal Singh, She is entitled for 1/3rd share in the property. However, in the year 2016, she came to know that the property has been partitioned amongst Kamal Singh, Mahendra Singh and Rajesh Singh. Since, the petitioner was not given any share in the properties, therefore, She filed an appeal before the Court of S.D.O., Vidisha along with an application for condonation of delay. The delay in filing the appeal was condoned, and the matter was finally heard. By order dated 20.2.2017, it was held by the S.D.O., Vidisha that the partition done by the Tahsildar Vidisha was vitiated and the petitioner has 1/3rd share in the properties and accordingly, the appeal was allowed. The respondents, being aggrieved by the order of the S.D.O., preferred an appeal before the Court of Additional Commissioner, Bhopal Division, Bhopal, which has allowed the appeal and by order dated 25.10.2018 passed in case No. 189/Appeal/2016-17 has held that although the petitioner is the real sister of the respondents but in view the provisions of section 6(5) of Hindu Succession Act, as the registered sale deed and the “Will” were already executed prior to 20th Day of December 2004, therefore, section 6 of Hindu Succession Act, would not apply.

4. Challenging the order dated 25.10.2018 passed by Additional Commissioner, Bhopal Division, Bhopal, it is submitted that interpretation made by the Additional Commissioner, Bhopal Division, Bhopal is perverse and hence liable to be set aside, for the simple reason, the partition had taken place on 21.11.2007, therefore, section 6 (5) of Hindu Succession Act, has no application. It is submitted that in fact Prem Singh, the Grand father of the petitioner was the owner of the properties in dispute i.e., Survey No. 131,159, 164, 165, 320, 398, 404, 412, 429, 440, 449, 572, 505, 596, 758 and 867 total area 25.587 hectares. After the death of Prem Singh, her father Kamal Singh inherited the entire properties, however, some properties were got mutated by the respondents in their names in a clandestine manner. The respondents and Kamal Singh, thereafter, moved an application under section 178 of M.P.L.R.Code, and without issuing notice to the petitioner, the properties were partitioned amongst the respondents and Kamal Singh (father of the Petitioner), however, nothing was given to the petitioner. It is submitted that in fact the registered sale deed dated 26.9.1969 executed by Prem Singh (Grand Father) in favor of Kamal Singh (father) and so called “Will” executed by Prem Singh (Grand Father) in favor of respondents (brothers) were either sham documents or were forged documents, which were never intended to be acted upon, and therefore, Kamal Singh and the respondents moved an application under section 178 of M.P.L.R.Code, for partition of the entire properties.

5.