Delhi High Court - Orders
Navjot Singh vs Vidushi Pritam Singh & Ors on 26 May, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2339/2015
NAVJOT SINGH ..... Plaintiff
Through: Mr. Sudhir Mendiratta, Advocate for
LRs
versus
VIDUSHI PRITAM SINGH & ORS ..... Defendants
Through: Mr. Sarim Naved, Advocate for
defendants No.2 to 6
Mr. Rohit Sagar, Advocate for Mr.
Pawan Kumar, Advocate for
defendant No.8/HDFC Bank
Mr. Trideep Pais, Senior Advocate
with Ms. Megha Bahl, Mr. Surya
Rajappan and Ms. S.S. Prasad,
Advocates for defendant No.10
Mr. Shatadru Chakraborty, Advocate
as Local Commissioner
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 26.05.2022 I.A. 853/2020 (O-XXII R-3)
1. The present application has been filed for taking on record the legal representatives of late Smt. Kuljeet Kaur.
2. The present suit was filed on behalf of late Shri. Navjot Singh seeking a decree of partition in respect of immovable properties belonging to his father i.e., late Shri. Pritam Singh, rendition of accounts and a decree of Signature Not Verified Digitally Signed By:AMIT BANSAL CS(OS) 2339/2015 Signing Date:30.05.2022 Page15:16:17 1 of 5 cancellation of alleged Gift Deed and Will/Trust Deed, executed by the defendant no.1 in favour of the defendants no.2 to 6.
3. Late Shri. Navjot Singh, the plaintiff expired on 22nd December, 2018 and thereafter, late Smt. Kuljeet Kaur was impleaded as the legal representative of the deceased plaintiff vide order dated 9th April, 2019.
4. Late Smt. Kuljeet Kaur died on 3rd July, 2019. Copy of the death certificate of Smt. Kuljeet Kaur is enclosed with the present application.
5. Late Smt. Kuljeet Kaur did not have any children and was survived by her one brother and two sisters along with two children of her another brother who had expired earlier. Details are given in paragraph 3 of the present application.
6. On 17th January, 2020, the statement of Smt. Sanjana Kumar, being one of the sister of late Smt. Kuljeet Kaur was recorded in this Court wherein, inter alia, she had stated that late Smt. Kuljeet Kaur had made a Will which was kept in one of her lockers. The relevant extracts from the statement are set out below:
"3. My sister had informed me that she had made a will, and that the will is kept in a locker. She had two bank lockers, one in State Bank of India, Sector 31, Noida, and the other in Dhanlaxmi Bank, VIP road, Visakhapatnam. Those lockers have not yet been opened.
4. I am the nominee in respect of my sister's locker in State Bank of India in Noida, and our sister, Smt. Divya Bajaj, is the nominee in respect of the locker in Dhanlaxmi Bank, Visakhapatnam.
5. The heirs of Smt. Kuljeet Kaur, including me, have no objection to the opening of the lockers in the presence of a commissioner appointed by the Court."
7. Based on the aforesaid statement, this Court, vide order dated 17th Signature Not Verified Digitally Signed By:AMIT BANSAL CS(OS) 2339/2015 Signing Date:30.05.2022 Page15:16:17 2 of 5 January, 2020 appointed a Local Commissioner to open the aforesaid two lockers belonging to late Smt. Kuljeet Kaur and to determine whether there is any document purported to be a Will of late Smt. Kuljeet Kaur that is kept in the said lockers.
8. Pursuant to the said order, the Local Commissioner appointed by this Court opened the two lockers and filed his report on 11th June, 2020. The relevant portions of the report of the Local Commissioner are set out below:
"3. Further to the above, in compliance with the directions issued by this Hon'ble Court, the Commission was carried out at the State Bank of India, Sector-31, Noida on March 11, 2020 and at Dhanlaxmi Bank, VIP Road, Visakhapatnam on March 21, 2020.
4. During the inspection at State Bank of India, Sector-31, Noida, on March 11, 2020, besides the undersigned, the following persons were present:
(i) Smt. Divya Bajaj, sister and legal heir of late Smt. Kuljeet Kaur and nominee of the bank account;
(ii) Smt. Sanjana Kumar, sister and legal heir of late Smt. Kuljeet Kaur;
(iii) Shri Rajendra Prasad, Advocate for Smt. Sanjana Kumar;
(iv) Shri Shivam Sharma, Advocate from the chambers of Shri Trideep Pais, Advocate for Shri Hardeep Vohra (Defendant No.10);
(v) Shri Jagmit Singh, brother-in-law of Late Smt. Kuljeet Kaur;
(vi) Shri Bawa Narinder Pal Singh Bhalla, brother and legal heir of Late Smt. Kuljeet Kaur; and
(vii) Shri Sudhir Mendiratta, Advocate of the Legal Heirs of late Smt. Kuljeet Kaur.
5. The locker i.e. A-60 was operated at 11 am or soon thereafter, in the presence of the above persons and bank officials including the branch manager. Upon such operation, no will or codicil of Late Smt. Kuljeet Kaur was found.
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6. During the inspection at Dhanlaxmi Bank, VIP Road, Visakhapatnam on March 21, 2020, besides the undersigned, the following persons were present:
(i) Smt. Divya Bajaj, sister and legal heir of late Smt. Kuljeet Kaur and nominee of the bank account;
(ii) Smt. Sanjana Kumar, sister and legal heir of late Smt. Kuljeet Kaur;
(iii) Shri Bawa Narinder Pal Singh Bhalla, brother and legal heir of Late Smt. Kuljeet Kaur;
(iv) Shri Trideep Pais, Advocate for Shri Hardeep Vohra (Defendant No.10);
(v) Shri J.V. Premasai, Advocate
(vi) Shri B. Sundeep Choudary, Advocate
7. The locker i.e. B-4 was operated at 11 am or soon thereafter, in the presence of the above persons and bank officials including the branch manager. Upon such operation, no will or codicil of Late Smt. Kuljeet Kaur was found."
9. No objections to the aforesaid report of the Local Commissioner have been filed by any of the parties. It is clear from the report that no Will of late Smt. Kuljeet Kaur has been found in either of the two lockers. Nor has any such Will been placed on record of this Court by any of the proposed legal representatives of the deceased plaintiff.
10. Mr. Trideep Pais, senior counsel appearing on behalf of defendant no.10 submits that under Section 15 of the Hindu Succession Act, 1956, if late Smt. Kuljeet Kaur died intestate, any property inherited by her from her husband shall devolve upon the legal heirs of her late husband. The legal heirs of her husband are impleaded as defendants in the suit Therefore, the legal heirs of late Smt. Kuljeet Kaur sought to be impleaded by way of the present application would not have a right to be substituted.
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11. Mr. Pais also relies upon Section 6(e) of the Transfer of Property Act, 1882, to contend that a mere right to sue cannot be transferred. In the present case, late Smt. Kuljeet Kaur only had a right to sue in respect of her late deceased husband's property, which cannot be transferred.
12. Mr. Sudhir Mendiratta, counsel appearing on behalf of legal representatives of late Smt. Kuljeet Kaur does not dispute the aforesaid legal position. He only submits that an opportunity may be given to Mrs. Sanjana Kumar to appear and make a statement in court with regard to the Will.
13. In my view, no useful purpose would be served by calling Mrs. Sanjana Kumar to the Court. The report of the Local Commissioner filed on 11th June, 2020, confirms that no Will of late Smt. Kuljeet Kaur was found in any of the two lockers belonging to her. Inspection of both the aforesaid lockers was done in the presence of Mrs. Sanjana Kumar. No objections have been filed on behalf of any of the proposed legal representatives of late Smt. Kuljeet Kaur.
14. Accordingly, in view of the legal position as explained above, the proposed legal heirs of late Smt. Kuljeet Kaur are not entitled to be impleaded in the present suit.
15. Accordingly, the present application is dismissed.
16. Consequently, the right to sue does not survive and the present suit stands abated.
17. All pending applications stands disposed of.
AMIT BANSAL, J.
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