NITIN ARORA Vs. YASHODA NAND SHARMA

JUDGEMENT

(1.) THIS is an application filed by Smt. Divya Guha, daughter of Defendant No. 3 Manorma Sharma, for impleading her as a party to this suit. The admitted position is that Property No. K-1, Malviya Nagar, New Delhi was owned by late Shri Pandit Krishan Datt, who died leaving five legal heirs behind, namely, Kuldev Prasad Sharma, Yashoda Nand Sharma, Baldev Prasad Sharma, Gopal Datt Sharma and Dr (Miss) Vijay Lakshmi. Yashoda Nand Sharma has been impleaded as defendant No. 4, whereas Dr (Miss) Vijay Lakshmi has been impleaded as defendant No. 5 in the suit. Shri Kuldev Prasad Sharma died on 30 th March, 1989, leaving six legal heirs comprising his widow, two sons and three daughters. The children of late Shri Kuldev Prasad Sharma relinquished their share in the aforesaid property in favour of their mother Kanta Sharma vide registered relinquishment deed executed on 13th May, 2005. Shri Gopal Dutt Sharma died on 03 rd May, 1991 leaving his widow, i.e. defendant No. 4 Prem Lata Sharma and two sons, namely, Ashwini Sharma and Deepak Sharma as his legal heirs. Ashwini Sharma and Deepak Sharma relinquished their share in the suit property in favour of their mother vide registered relinquishment deed executed on 16th May, 2005. Shri Baldev Prasad Sharma expired on 09th April, 2000 leaving four legal heirs behind him comprising his widow, Smt. Manorma Sharma, who has been impleaded as defendant No. 3 and three daughters, namely, Bharti Sharma, Poonam Sharma, Divya Sharma. A relinquishment deed has been executed by Bharti Sharma on 16th May, 2005 on her behalf as well as on behalf of sisters Poonam Sharma and Divya Sharma, relinquishing the shares of all of them in the suit in favour of their mother Smt. Manorma Sharma.

(2.) THE case of the applicant Divya Guha is that in January, 2005, her elder sister Bharti Sharma and defendant No. 1 approached her and told her that they had to get the mutation transferred in the name of surviving heads of the legal heirs of their grandfather and therefore she will have to execute a relinquishment deed only for the purpose of getting mutation and nothing else. It is further alleged that while getting the relinquishment deed executed, Bharti Sharma and defendant No. 1 promised that as and when the property is divided, she would get her share in it. It is further alleged that the applicant was assured by the defendant as also by her sister Bharti Sharma that they would neither enter into a sale transaction with any third party without her consent nor execute any document without her consent and permission. It is further alleged that on persistent request from the defendant, the applicant and her sister Poonam Sharma executed a relinquishment deed in favour of their mother Smt. Manorma Sharma, for the particular purpose of mutation and nothing else.

(3.) ADMITTEDLY, the applicant Diva Guha is not an illiterate person, she being a graduate and her photograph also has been affixed on the special power of attorney executed by her and her sister Poonam Sharma in favour of Bharti Sharma. The special power of attorney was registered before the Sub-Registrar on 11th February, 2005. Since the applicant expressly authorized her sister Bharti Sharma to execute a relinquishment deed in favour of her mother Smt. Manorma Sharma and Bharti Sharma accordingly executed a relinquishment deed relinquishing the share of applicant as also her own share and the share of other sister Poonam Sharma in favour of their mother Smt. Manorma Sharma, it is only Manorma Sharma who became the owner of the share which her husband had in Property No. K-1, Malviya Nagar, New Delhi.