Neelima Sharma Alias Bhakti Sharma & Anr vs Satyavrat Sharma & Anr on 27 July, 2022

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Delhi High Court - Orders

Neelima Sharma Alias Bhakti Sharma & Anr vs Satyavrat Sharma & Anr on 27 July, 2022

Bench: Dinesh Kumar Sharma

                          $~33
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    C.R.P. 102/2022 & CM APPL.32734/2022
                                NEELIMA SHARMA ALIAS BHAKTI SHARMA & ANR.
                                                                          ..... Petitioners
                                            Through: Mr. Siddharth Aggarwal, Advocate.
                                            versus

                                SATYAVRAT SHARMA & ANR.            ..... Respondents
                                             Through: None.
                                CORAM:
                                HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                                   ORDER

                          %                        27.07.2022
                          CM APPL.32732/2022           (exemption)    &     CM       APPL.32733/2022
                          (exemption)

Exemptions allowed subject to all just exceptions.

C.R.P. 102/2022

1. Present writ petition has been filed challenging the order dated 07.03.2022, passed by the learned ADJ-01, North East, Karkardooma, Delhi in Civil Suit No.186/18 titled as Smt. Neelima Sharma & Anr. vs. Smt. Phoolwati Sharma & Ors., whereby, the learned Trial Court dismissed the application of the petitioner under Order XII Rule 6 CPC read with Section 151 CPC.

2. Facts in brief are that Sh. Krishan Swaroop Sharma expired intestate on 27.03.2012, leaving behind his legal heirs comprising of his widow, two sons (respondents herein) and his two daughters (petitioners herein). Late Sh. Krishan Swaroop Sharma left behind properties bearing number B- 4/153, Yamuna Vihar, Delhi 110053 and 12 bigha land in Village Chingariya , VPO Pusawali District, Sambhal Uttar Pradesh, Ram Bazar, Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:04.08.2022 17:32:37 Cloth Market, Delhi.

3. Petitioners have stated that the petitioners along with the other legal heirs became co-owners of 1/5th undivided share each in the aforesaid properties. However, the respondents did not accede to the request of the petitioners for partition of the suit property and therefore a suit for partition was filed.

4. In the written statement, it was not denied that the petitioners are the daughters of late Sh. Krishan Swaroop Sharma and the ownership of late Sh. Krishan Swaroop Sharma was also not disputed. However, it was denied that late Sh. Krishan Swaroop Sharma had died intestate. The respondents set up their case that late Sh. Krishan Swaroop Sharma before breathing his breath last bequeathed all his movable and immovable properties to his wife and sons through an oral Will, which he uttered in presence of the neighbours and relatives.

5. The plea of the petitioners is that as per law, a Hindu, other than a solider being employed in an expedition or engaged in actual warfare cannot make an oral will. The defence of the oral Will is stated to be farcical and has been made as a deliberate attempt to oust the petitioner from enjoying their legitimate rights.

6. Issue notice to respondents through all permissible modes, returnable on 16th September, 2022.

DINESH KUMAR SHARMA, J JULY 27, 2022/st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:04.08.2022 17:32:37

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Delhi High Court - Orders