CS(OS) 3438/2014

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Pronounced on: 12.02.2021

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CS(OS) 3438/2014 and IA No. 3789/2016

MASTER ANSH KAPOOR & ANR.

...... Plaintiffs

Through

Ms.Deepti Kathpalia, Adv.

Versus

K.B. KAPUR & ORS.

..... Defendants

Through

Mr.Harshvardhan Pandey, Adv. for

D-1 & 2.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

1.

This suit is filed seeking a preliminary decree of partition of the suit

properties, namely, J-5, Ground Floor, Saket, New Delhi-110007, 5-B,

Sagar Apartment- 6, Tilak Marg, New Delhi and other properties mentioned

in relation to the share of the plaintiffs.

JAYANT NATH, J.

2.

The plaintiffs are minors being represented through their mother

Smt.Shelly Kapur. Defendant No.1 is the grandfather of the minor plaintiffs.

Defendant No.2 is the grandmother of the minor plaintiffs. Defendant No.3

is the father of the plaintiffs and defendant No.4 is the sister of defendant

No.3.

3.

It is pleaded in the plaint that the great grandfather of the plaintiffs,

Late Sh.Lal Chand Kapur, father of defendant No.1-Sh.K.B.Kapur was the

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owner of various lands and houses in Delhi including a house at Darya Ganj.

The said Sh.Lal Chand Kapur died intestate. It is stated that after his death,

the estate of Late Sh.Lal Chand Kapur fell in the hands of his sons, namely,

Sh.K.B.Kapur/defendant No.1 and his brother-Sh.Parvesh Kapur who

became owners to the extent of one-half each. The estate held by

Sh.K.B.Kapur/defendant No.1 is an ancestral property qua the minor

plaintiffs, the same being purchased from the funds obtained by selling the

ancestral property i.e. property of Late Sh.Lal Chand Kapur. It is further

pleaded that defendants No.3 and 4, the children of defendant No.1, are the

joint owners being coparceners to the extent of 1/4^th share each in the estate

left behind by Late Sh.Lal Chand Kapur. Therefore, the plaintiffs being the

children of defendant No.3-Mr.Rishi Kapur, it is pleaded, by virtue of

succession of the coparcenary properties have a share in the properties being

held by defendants No.1 to 4 purchased out of the funds obtained by selling

the properties of their great grandfather Late Sh.Lal Chand Kapur. It is

claimed that the plaintiffs are the co-owners in respect of their undivided

share in the suit properties to the extent of 1/8 share each.

4.

It is further claimed that in the year 1981-82, defendant No.1 sold

away the ancestral property at Darya Ganj bearing No.2638, Gali Khajoor

Masjid, Kucha Chalan, Daryaganj, Delhi and out of the proceeds bought

other properties either in his own name or in the name of his wife

comprising of the house being (i) J-5, Ground Floor, Saket, New Delhi

measuring 500 sq.yds; (ii) Office in Sagar Apartments being 5-B, Sagar

Apartments, 6 Tilak Marg, New Delhi; (iii) one Godown in Mahipalpur;

(iv) One office in East of Kailash; (v) a plot of 1100 sq.yds in Gurgaon and

there is also (vi) one more flat in Gurgaon. It is pleaded that since the

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properties received by defendant No.1 attain the characteristic of a

caparcenary property, once the children, namely, the plaintiffs were born,

they became coparceners in the ancestral properties in the hands of

defendants No.1 to 4. It is stressed that the said properties were bought by

selling the ancestral property at Darya Ganj and throwing the proceeds into a

common hotch-potch. The suit properties hence acquire a status of an HUF

property. Prior to 1956, the great grandfather of the plaintiffs owned the

Darya Ganj property. Hence, an HUF was existing prior to 1956 and that

HUF continued after 1956. In that HUF the grandfather of the plaintiffs,

namely, defendant No.1 inherited the Darya Ganj property after 1956, which

was thrown into a common hotch-potch. As such the paternal succe