RAJESH GUPTA Vs. MOHIT LATA SUNDA

JUDGEMENT

(1.) Arbitration Pet. 494/2019 has been filed by the Petitioner under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") for appointment of an Arbitrator to adjudicate the disputes between the parties.

(2.) The brief facts as stated by the Petitioner are that Respondent No. 1 claiming herself to be legal heir of Late Shri Jiwan Lal Sunda and also claiming to have inherited 1/3rd undivided share in Property No. W-34, Greater Kailash-2, New Delhi, measuring about 964 sq. yds. approached the Petitioner through an Estate agent and expressed her desire to sell her 1/3rd undivided share in the property. It was also represented that Late Shri Sunda and his wife Shrimati Savitri Sunda had died intestate, without executing any Will.

(3.) Petitioner was also informed that Respondent No. 1 had filed a partition Suit with respect to the said property against the other two legal heirs, being her brother Shri Bharat Bhushan Sunda and sister Shrimati Hemlata Trehan. As per Respondent No. 1 the two siblings had already given their consent to the property being partitioned and Respondent No. 1 being entitled to 1/3rd undivided share.