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2023 Supreme(Del) 1670

NEENA BANSAL KRISHNA
Geeta Tandon – Appellant
Versus
Sunil Gomber – Respondent


Advocates appeared:
Mr. N.K. Kantawala and Mr. M. Nair, Advocates, for the Plaintiff.
Mr. Shiv Charan Garg, Mr. R.K Kashyap, Mr. Imran Khan, Mr. Raghav Gomber and Mr. Mohit Sharma, Advocates, for D-1.
Mr. Asutosh Lohia, Mr. Rohit Saraswat and Mr. Gaurav Anand, Advocates, for D-2.

Table of Content
1. the plaintiff's claim for property partition. (Para 1 , 2 , 3)
2. background ownership of the suit property. (Para 4 , 5)
3. defendants' objections regarding the plaintiff's claims. (Para 6 , 7 , 10)
4. claims related to alleged mental health of the testator. (Para 8 , 9 , 11)
5. questions surrounding validity of the wills. (Para 12 , 14 , 15 , 20 , 23)
6. legal rights of heirs under hindu succession act. (Para 34 , 35 , 36)
7. final ruling on plaintiff's claims and distribution of the estate. (Para 159 , 160)

JUDGMENT

Neena Bansal Krishna, J.

1. Plaintiff has sought partition in respect of the property bearing no. F- 3, Vijay Nagar, near Delhi University, Delhi 110009 consisting of two and half Floors on a plot of land measuring 200 sq. yards (hereinafter referred to as "the suit property"), from defendant no. 1 and 2, her brothers.

2. The plaintiff's grandfather late Shri Jai Gopal Gomber, on partition came to India in the year 1947/1948 and purchased the suit property vide the Purchase Agreement dated 02.04.1959 and became the absolute, legal and registered owner of the suit property. A Conveyance Deed was executed in his favour on 31.07.1969.Shri Jai Gopal Gomber a

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