VINOD PRABHA BHANOT Vs. SAVITRI DEVI CHOPRA

JUDGEMENT

(1.) The captioned suit brings to fore the neglect which senior citizens in our country face today. What makes matter worse for the senior citizens is that the neglect and callousness, towards their well-being, emanates from members of their own family. It is these very members of the family, who do not have the time of the day for their parents in their lifetime, gather around to claim rights in the estate of the deceased parents no sooner they pass away. It is perhaps a reflection of times we live in. There is crying need to provide for the health, security, and where necessary, shelter for senior citizens. With this preface let me briefly detail out the background in which the present suit has been filed.

(2.) The plaintiff has filed a suit for partition and rendition of accounts in respect of the estate of her father late Sh. D.R. Chopra. Sh. D.R. Chopra admittedly passed away on 02.11.1982. He left behind legal heirs comprising of: his wife late Savitri Devi Chopra, his two daughters Dr. (Mrs.) Vinod Prabha Bhanot, i.e., the plaintiff and Mrs. Indu Sehgal, originally arrayed as defendant no. 4; and his two sons Mr Ish Kumar Chopra and Mr Ashwani Kumar Chopra.

(3.) In the plaint, briefly, the case set up by Vinod Prabha is, her father D.R. Chopra died intestate. Her father had migrated from West Pakistan in 1947, pursuant to the partition of the country. The South Patel Nagar property was acquired by her father D.R. Chopra in lieu of "ancestral property" owned by the family of D.R. Chopra, in West Pakistan, against "verified claims". It is further averred that D.R. Chopra made improvements in the property, with his own funds, in the form of additions to the superstructure, resulting in the construction of two rooms and "other structural additions". It is also averred that her mother Savitri Devi was a home maker, and she had no earnings of her own. It is further stated that, therefore, on the death of her father she along with her mother and other siblings, who are residents of USA, had acquired 1/5 th share in the estate of her late father D.R. Chopra. The estate, as per averments made in the plaint, not only includes the South Patel Nagar Property, but also valuables in the form of gold jewellary weighing about approximately 800 grams (80 tolas), and money in the form of fixed deposits in the sum of Rs 60,000/- in addition to interest accrued thereon. The details of the assets of late D.R. Chopra are given in annexure "A" appended to the plaint.