Sudarshan Kaur v. Navleen Kaur & Ors.

1. The subject suit is a suit for partition filed by the mother Smt. Sudarshan Kaur for her share in the properties of her deceased son Sh. Kamaljit Singh Chawla. Defendant no.1 is the widow of Sh. Kamaljit Singh Chawla and defendant nos. 2 and 3 are the children of Sh. Kamaljit Singh Chawla. Defendant no.4 is the brother of late Sh. Kamaljit Singh Chawla and the son of the plaintiff. Defendant no.4 has been impleaded inasmuch as one of the properties mentioned at serial no.6 of Schedule I of the plaint is owned by the defendant no.4 to the extent of 50% share in the same, with the other 50% being owned by late Sh. Kamaljit Singh Chawla. CS(OS) 177/2008 2016:DHC:3184

2. Counsel for the parties agree that the following properties are liable to be partitioned by passing a preliminary decree as per the shares detailed hereinafter:- Schedule-I

1. 1st Floor of Property no. 14/85, Vikram Vihar, Lajpat Nagar-IV, New Delhi-110024.

2. IIIrd Floor of Property no.B-105, Dayanand Colony, Lajpat Nagar-IV, New Delhi-110024

3. IIIrd Floor/Roof of Property no.5/34, Double Storey, Lajpat Nagar, New Delhi-110024.

4. IInd, IIIrd and IVth floor of Property no.E-48, Old Double Storey, Lajpat Nagar-IV, New Delhi-110024.

5. IInd Floor & Terrace of Property No.Q-46, Old Double Storey, Lajpat Nagar-IV, New Delhi-110024.

6. ½ share in property no.7/17, Old Double Storey, Lajpat Nagar- IV, New Delhi-110024. Schedule-II

1. Amount received by defendant no.1 from L.I.C. of India against Life Insurance Policy upon death of Sh. Kamaljit Singh Chalwa.

3. In this suit only one issue was framed vide Order dated 1.12.2008 as to whether the deceased Sh. Kamaljit Singh Chawla left behind any Will. Admittedly, no Will has been filed and proved by defendant nos. 1 to 3, and therefore, it will be taken that late Sh. Kamaljit Singh Chalwa died intestate.

4. On Sh. Kamaljit Singh Chawla dying intestate, his estate will devolve to four parties with one part going to the plaintiff-mother, one part going to defendant no.1-widow, one part going to defendant no.2 being the daughter and one part going to defendant no.3 who is the other daughter. Defendant nos. 2 and 3 are minors and represented by defendant no.1 who is the mother and the next friend. Each of the plaintiff and defendant nos. 1 to 3 therefore will have 1/4th co-ownership interest in the six immovable properties as stated above and the amount of Rs.5,33,000/-received by the defendant no.1 from the LIC on the death of Sh. Kamaljit Singh Chawla.

5. Accordingly, a preliminary decree is passed declaring each of the plaintiff and the defendant nos. 1 to 3 as 1/4th co-owners each of the six immovable properties as stated above. As regards the amount of Rs.5,33,000/-, a money decree is passed in favour of the plaintiff and against the defendant no. 1 for an amount of Rs.1,33,250/- subject to the plaintiff paying requisite court fees within four weeks from today.

6. Let a preliminary decree accordingly be drawn up by the Registry.

7. Counsel for the parties want to give suggestions by filing necessary submissions in writing as to how partition should be effected. Needful be done within six weeks from today.

8. List on 10th August, 2016.