Back
DELHI HIGH COURT
Pradeep Nandrajog and R.V. Easwar, JJ.
Vikram Singh & Anr. —Appellants
versus
Ajit Inder Singh —Respondent
RFA(OS) No. 87 of 2012
Decided on 24.2.2014
For the Appellant No.1: In person
For the Respondent:Mr. Rajiv Sawhney, Sr. Advocate & Mr. Arjun Singh Bawa, Advocates.
IMPORTANT POINT
Even if a person makes a bequest, legal heirs can enter into a mutual agreement to alter bequest.
Headnote:(i) Hindu Law—Succession—Family Settlement—Doctrine of Election—If two or more rights are available to a party on same subject, it would be open to a party to elect which one right it would like to avail of—Upon death of a person if there is a bequest by way of a Will, legal heirs can elect whether to proceed to inherit estate of deceased as per Will or inherit estate as legal heirs and successor-in-interest of deceased—Even if a person makes a bequest, legal heirs can enter into a mutual agreement to alter bequest. (Para 34)
(ii) Hindu Law—Partition—If there are two persons, equal would mean half and half—Further recital of giving option to either party to purchase share of other if other contemplate a sale is further indicative of that parties agreed that share would be half and half. (Para 39)
Result: Appeal dismissed with costs.
Pradeep Nandrajog, J.— Late Col. Inderjeet Singh, the husband of the respondent Ms. Ajit Inder Singh, filed a suit for partition against his sister Ms. Anant Verinder Singh (mother of the-appellants) pleading that property bearing Municipal No.D-57, Defence Colony, New Delhi was owned by their late father Gurcharan Singh who died in June, 1968 leaving behind his wife Ms. K. Gurcharan Singh, his son Col. Inderjeet Singh and his daughter Ms. Anant Verinder Singh as the legal heirs. The three inherited the property, the mother having 2/3rd share and the two siblings 1I3rd each. (In what manner the inheritance was as in the shares pleaded in the plaint was not stated.) He further pleaded that on the demise of Ms. K. Gurcharan Singh on January 9, 2001, the two siblings executed a Memorandum of Family Settlement on April 09, 2001 acknowledging each having half share in the property. Pleading that the property was not partitioned, partition of the property was prayed for. Vide IA No.413 7/2002 Late Col. Inderjeet Singh sought an interim injunction against his sister to restrain her from alienating the suit property, pleading an apprehension that she was trying to sell the same.
2. On summons being served in the suit and notice in IA No.413712002, on July 11,2002 Ms. Anant Verinder Singh filed a written response to IA No.4137/2002. She did not file a written statement. In the response filed she admitted that vide perpetual lease-deed dated January 30, 1963, Late Sh. Gurcharan Singh had been conferred perpetual lease-hold rights in land bearing Municipal No.D-57, Defence Colony, New Delhi and that he expired in June, 1969. Admitting that he was survived by his widow Ms. Kartar Gurcharan Singh, a son Col. Inderjeet Singh (plaintiff) and a daughter Ms. Anant Verinder Singh (defendant), it was additionally pleaded that he was survived by another son named Sarbaland Singh. Stating that a will dated December 12,1965 was executed by Gurcharan Singh, it was pleaded that as per the will half share in the property was bequeathed by Late Gurcharan Singh to his wife Ms. Kartar Gurcharan Singh and the remaining half share was bequeathed, in equal proportion, to the three siblings i.e. Sarbaland Singh, Col. Inderjeet Singh and Ms. Anant Verinder Singh; each having 1I6th share. It was pleaded that on the demise of Sarbaland Singh on January 1, 1974, his 1/6th share was inherited by his mother Ms. Kartar Gurcharan Singh and thus as of January 1, 1974 the share of Ms. Kartar Gurcharan Singh, Col. Inderjeet Singh and Ms. Anant Verinder Singh in the suit property was 2/3rd, 1I6th and 1/6th respectively. It was pleaded that in the year 1992, with consent of the three co-owners, Late Brig. Verinder Singh, husband of Ms. Anant Verinder Singh constructed a second floor having built up area 838 square feet. Admitting that Ms. Kartar Gurcharan Singh died on January 9, 2001 and was survived by Col. Inderjeet Singh and Ms. Anant Verinder Singh as her legal heirs, it was pleaded that since Ms. Kartar Gurcharan Singh had executed a will on June 15, 1990 bequeathing her 2/3rd share in the property to Ms. Anant Verinder Singh, the share of the parties would be Ms. Anant Verinder Singh 5/6th share; Col. Inderjeet Singh 1/6th share. Admitting that on April 9, 2001 a family agreement was executed between Ms. Anant Verinder Singh and Col. Inderjeet Singh, it was sought to be explained that the family arrangement would mean, and we quote para 11 of the reply:
“11. On 9th April, 2001 a family agreement was signed between Mrs. Anant Verinder Singh And Col. Inderjeet Singh. The said agreement gave Col. Inderjeet Singh and his family the right to reside on the ground floor premises currently occupied by a tenant against whom eviction proceedings are in progress. The clause “share the house bearing No.D-57, Defence Colony in equal share” contained in the family agreement, it is reiterated means the right to reside on the ground floor premises. Of the second floor
