Delhi High Court - Orders
Rajeev Kumar & Anr vs Sanjeev Kumar & Ors on 6 September, 2021
Author: Jayant Nath
Bench: Jayant Nath
$~OS-15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 416/2021
RAJEEV KUMAR & ANR. ..... Plaintiffs
Through Mr. Anil Panwar, Adv.
Versus
SANJEEV KUMAR & ORS. ..... Defendants
Through
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 06.09.2021 This hearing is conducted through video-conferencing. IA No.11177/2021 Allowed subject to all just exceptions.
CS(OS) 416/2021 Let the plaint be registered as a suit.
Issue summons to the defendants through speed post and email, returnable for 24.11.2021.
IA No. 11175/20211. This application is filed under Order 39 Rules 1 and 2 CPC seeking an ex parte injunction to restrain the defendants, their agents, etc. from creating any third party interest in the property being BF-108, Janak Puri, New Delhi.
2. It is the case of the plaintiffs that the said property was purchased by the father of the plaintiffs and defendant No. 1 and husband of defendant No. 3, namely, Late Sh. Shadi Lal Kumar in 1976. It is stated that the late father had executed a Will on 24.09.2015 whereby limited rights were given Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:07.09.2021 22:19:11 to defendant No. 3. It is stated that in breach of the conditions of the said Will, defendant No. 3 has been manipulated to execute gift deeds dated 26.02.2018 and 06.05.2019 in favour of defendant No. 2 and has allegedly transferred the property to defendant No. 2. It is pleaded that the said gift deeds are illegal and void and hence, the present suit seeking a decree of cancellation of the said gift deeds.
3. I have been taken through the Will dated 24.09.2015 said to have been executed by Late Sh. Shadi Lal Kumar. Relevant portion of the said Will reads as follows:-
"That as long as I am alive, I shall remain the absolute owner of the said properties and right to enjoy the same in any manner whatsoever, I think fit and proper in the present circumstances. But after my death, my above mentioned Properties along with all other moveable and immoveable properties, which shall stand in my name at the time of my death, will go and devolve to my WIFE NAMELY SUNITA RANI, who alone, after my death will become the sole and complete owner of my above said Property and she can enjoy her full fights in the manner she likes and she can sold, dispose off, rent out, let out or entered into any agreement with any person(s) etc. in respect of the above said properties with anyone without taking any permission from any of my legal heirs. And my other legal heirs, sons, brothers, sisters, daughters, son-in-law, daughter-in-law, successors, relative and none else etc. shall have no rights. title, interest, share, claim, concern, whatsoever in respect of the said properties.
That after the death of myself and my wife simultaneously or separately, in that event, the said Properties along with all other moveable and immoveable properties will go and devolve to my all three sons, who all will become the joint and complete owners of my above said Properties in equal share and they will bound be to sell, dispose off the said property to anyone intending purchasers and sale amount shall be divided between them in Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:07.09.2021 22:19:11 equal share and also get the amount from all above accounts and moveable items, jewellery, cash etc. from the locker and all items and considerations will be divided between them in equal shares."
4. The above clauses of the Will would require an interpretation as per law. In view thereof, the plaintiffs have made out a prima facie case. The parties will maintain status quo regarding the aforesaid immovable property till further orders.
5. Issue notice to the defendants through speed post and email, returnable for 24.11.2021.
6. The plaintiffs to comply with Order 39 Rule 3 CPC within five days. IA No. 11176/2021 (u/O 26 R 9 CPC)
1. By the present application, the plaintiffs state that in terms of the Will of Late Shadi Lal Kumar dated 24.09.2015, defendant No. 3 is the owner of the property only for her lifetime and thereafter, all the brothers have equal shares in the said property. The plaintiffs plead that an inventory be made of the goods lying in locker No. 186, Punjab National Bank, Hari Nagar Branch, New Delhi so as to implement the aforesaid terms of the Will.
2. There is merit in the said plea. The application is allowed.
3. Mr.Siddharth Gupta, Advocate (Mobile No.: 9810141287) is appointed as a Local Commissioner to make an inventory of the contents of the aforenoted locker. The concerned Manager, Punjab National Bank, Hari Nagar Branch will cooperate to have an inventory prepared of the goods lying in the said locker. The inventory will be prepared in the presence of the parties/representatives of the parties. Till the inventory is prepared by the Local Commissioner, the concerned Manager, Punjab National Bank, Hari Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:07.09.2021 22:19:11 Nagar Branch to ensure that the concerned locker is not operated. It is clarified that this restraint is only till the Local Commissioner visits the said bank and makes the inventory. The Local Commissioner will be assisted by the plaintiffs/representative of the plaintiffs. He is permitted to make the complete inventory of the goods lying in the aforenoted locker and take photographs of the same.
4. Prior to the aforesaid inspection, the Local Commissioner will issue notice to the parties by registered AD informing them of the date and time of the proposed inspection. A copy of the notice will also be sent to the Manager, Punjab National Bank, Hari Nagar Branch, New Delhi.
5. The fee of the Local Commissioner is fixed at Rs.70,000/- plus out of pocket expenses which shall be borne by the plaintiffs.
6. The Local Commissioner will file his report within two weeks of the commission.
7. The application stands disposed of.
8. A copy of the order be sent through email to the learned counsel for the plaintiffs and to the learned Local Commissioner under the digital signatures of the Private Secretary.
JAYANT NATH, J SEPTEMBER 6, 2021 rb Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:07.09.2021 22:19:11