$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 2^nd December 2025 + CS(OS) 93/2023 with I.A. 2556/2023, I.A. 8465/2023 and I.A.

1913/2024 AMRITA NARANG .....Plaintiff Through: Mr. Shailen Bhatia, Ms. Ekta Nayar Saini, Ms. Deeksha Gulati, Mr. Aparna Sharma, Mr. Bhaven and Mr.

Abhishek, Advocates.

versus HARPAL SINGH & ANR. .....Defendants Through: Mr. Abhishek Mohan, Advocate for D-1.

Mr. Lal Singh Thakur, Mr. Sudhir Tewari, Ms. Mehul Gulati, Mr. Naman Chowdhary, Mr. Rachit, Mr. Tarun Maan, Ms. Sonali Singh and Ms. Kavya, Advocates for D-2.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral)

I.A. 8465/2023 (u/O VII Rule 11 of CPC) in CS(OS) 93/2023

1. The present suit has been filed by the plaintiff inter alia seeking a decree of declaration and permanent injunction.

2. This application has been filed under Order VII Rule11 of the Code of Civil Procedure, 1908 (hereinafter ‘CPC’) seeking rejection of the plaint on the ground that the plaintiff has no right or interest in the properties that are subject to the said suit in light of Section 8 of the Hindu Succession Act, 1956 as the subject properties belong to the grandfather of the plaintiff.

3. In this regard, reference may be made to the averments made in the plaint.:-

3.1. The plaintiff is the daughter of Sh. Harpal Singh, originally impleaded as the defendant no.1 in the suit. The plaintiff was born out of the wedlock of the defendant no.1 and Ms. Maya Devi.

3.2. The family pedigree chart as given in paragraph 7 of the plaint is set out below:-

3.3. The plaintiff contends that she is entitled to a declaration that the properties belonging to the Late Sh. Toka Ram, great-grandfather of the plaintiff and Late Sh. Nathu Ram, grandfather of the plaintiff, are ancestral.

4. The present suit has been filed seeking the following reliefs:-

“a) That a declaration may be passed that the following properties may be declaredasancestralpropertyvis-à-visPlaintiff:

i. Mahipalpur – having address at Khasra No.334/2, Mahipalpur, New Delhi.

ii. Ancestral land in name of Amrita’s Grandfather Shri. Nathu Ram, at VillageDevli,NewDelhi.

iii. Shares in various Khasras in village Ladhpuri, Jila- Alwar, Rajasthan asmentionedinpara-10.

iv. Apartment in Dwarka having address at- Flat No. A-804, N.T.P.C.

Employees CGHS Ltd., Plot No. 10, Sector-19B, Krishna Garden Society,Dwarka,NewDelhi.

v. CommercialshopsinDwarkainthesamecomplex,KrishnaGarden.

vi. HouseNo.683,Sector21,Gurugram,Haryana.

vii. 6shopsofDefendantNo.1inVillageDevli,NewDelhi.

b) That a consequential relief in the form of permanent injunction may be passed so that the Defendant No. 1 or 2 may not alienate the said properties namely.

i. Mahipalpur- having address at Khasra No. 334/2, Mahipalpur, New Delhi.

ii. Shares in various Khasras in village Ladhpuri, Jila - Alwar , Rajasthanasmentionedinpara-10.

iii. Apartment in Dwarka having address at- Flat No. A -804, N.T.P.C Employees CGHS Ltd. , Plot No . 10, Sector-19B, Krishna Garden Society,Dwarka,NewDelhi.

iv. CommercialshopsinDwarkainthesamecomplex,KrishnaGarden.

v. HouseNo.683,Sector21,Gurugram,Haryana.

vi. 6shopsofDefendantNo.1inVillageDevli,NewDelhi.”

5. Subsequent to the filing of the present suit, the defendant no.1 expired on 21^st November, 2023. Subsequently, vide orders dated 24^th July 2024 and 22^nd August 2024, the legal representatives of the defendant no.1, i.e. Smt. Maya Devi and Sh. Samrat were impleaded as the defendant no.2 and defendant no.3 respectively.

6. It is the case of the defendants that the properties mentioned by the plaintiff of Late Sh. Nathu Ram were not Hindu Undivided Family (HUF) properties/joint Hindu family properties, but were the individual properties of the Late Sh. Nathu Ram. Therefore, the plaintiff has no right in the subject properties under Section 8 of Hindu Succession Act, 1956. The properties in question, having devolved from the plaintiff’s grandfather, do not vest any share in the plaintiff, who is not a Class I legal heir. Since the father of the