NEUTRAL CITATION NO: 2023/DHC/001605

CS(OS) 1353/2009 Page 1 of 29

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Pronounced on: 03^rd March, 2023

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CS(OS) 1353/2009

MS. ILARIA KAPUR

Minor Hindu Female aged 14 months

D/o Mr. Rakesh Kapur

Through her next friend

her mother Ms. Sapna Kapur

W/o Mr. Rakesh Kapur

Presently at:

R/o 2A, Commissioner’s Lane,

First Floor, Civil Lines, Delhi

..... Plaintiff

Through:

Ms. Mala Goel and Mr.

Parvinder, Advocates.

versus

1.

SH. RAKESH KAPUR

S/o Late Major Kailash Chander Kapur

(i)

R/O B-103, Som Vihar Apartments,

R.K. Puram,

New Delhi.

(ii)

C/o M/s Ernst & Young Pvt. Ltd.

Golf View Corporate

Tower-B, Sector-42,

Sector Road, Gurgaon.

2.

SH. RAVI KAPUR

S/o Late Major Kailash Chander Kapur

R/O B-103, Som Vihar Apartments,

R.K. Puram,

New Delhi.

3.

MS. RITU KAPUR

W/o Late Major Kailash Chander Kapur

R/O B-103, Som Vihar Apartments,

R.K. Puram,

New Delhi

..... Defendants

Digitally Signed

By:SAHIL SHARMA

Signing Date:04.03.2023

12:40:01

Signature Not Verified

NEUTRAL CITATION NO: 2023/DHC/001605

CS(OS) 1353/2009 Page 2 of 29

Through:

Defendant no.1 in person.

Mr. Ashim Vaccher and Mr.

Kunal Lakra, Advocates for

D-2 and D-3.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J

I.A. 12452/2020 & I.A. 12460/2020

1.

The two applications under Order VII Rule 11 CPC read with Order

XII Rule 6 and Order VI Rule 4 of the Code of Civil Procedure, 1908

(hereinafter referred to as “CPC”) have been filed on behalf of the

defendant No.1/Mr. Rakesh Kapur (father of the plaintiff) and by

defendant No.2/Mr. Ravi Kapur (brother of defendant No. 1 and

defendant No. 3), and Ms. Ritu Kapur/ mother of defendant Nos. 1 and 2

(paternal grandmother of the plaintiff) respectively for rejection of the

Partition Suit filed by the plaintiff, claiming a share in the property of her

father/defendant no.1 by claiming it to be HUF property in which she has

a share being a coparcener.

2.

The plaintiff through her mother/Ms. Sapna Kapur (estranged wife

of defendant No.1), has filed the present Suit for Partition against the

defendants on the assertion that all the parties to the suit constituted a joint

family/Hindu Undivided Family (HUF) under Mitakshara law by virtue of

them living and working jointly, and the suit properties so acquired

constitute joint family properties owned by HUF of late Major K.C. Kapur

Digitally Signed

By:SAHIL SHARMA

Signing Date:04.03.2023

12:40:01

Signature Not Verified

NEUTRAL CITATION NO: 2023/DHC/001605

CS(OS) 1353/2009 Page 3 of 29

comprising of defendant Nos. 1, 2 and 3. The grandfather (late Major K.C.

Kapur) died on 29.06.2007 intestate and the plaintiff automatically

became a coparcener at birth and has a share in properties enumerated in

Annexure-A of the Plaint.

3.

The defendants in their respective applications (and also the

Written Statement) have claimed that the suit properties are not joint

family properties nor do they belong to HUF nor that the plaintiff’s

grandfather died intestate. It is asserted that he had left a registered Will

dated 04.11.2004 which is on the court record. It is submitted that without

prejudice to contentions made by the defendants in their respective written

statements, even if it is assumed that the suit properties belonged to the

alleged HUF, then too, the Suit is liable to be rejected for the following

reasons.

4.

The grandfather had died on 29.06.2007, while the plaintiff was

born on 16.05.2008. She was therefore not conceived at the time of his

demise. The legislation had c