AJAI KUMAR GOEL Vs. DINESH KUMAR GOYAL

JUDGEMENT

(1.) The present suit for partition has been filed by the plaintiff for partition of the property bearing No. A-68, Swasthya Vihar, Vikas Marg, New Delhi which belonged to Late Dr. S.S. Goyal. Plaintiff is one of the four surviving sons of Late Dr. S.S. Goyal and thus, a classI heir.

(2.) Dr. S.S. Goyal died intestate in July, 2000 and was survived by his wife, Smt. Lila Goyal and four sons i.e. the plaintiff and defendant Nos. 1 to 3. Thus, the suit property was inherited by the legal heirs each getting 1/5 th share in the said undivided property. The said arrangement remained unchanged until the death of Smt. Lila Goyal.

(3.) It is stated by the plaintiff that before her death Smt. Lila Goyal had executed a Will, dated 01.02.2007 and bequeathed her 1/5 th share in the suit property to her sons in four equal parts. Therefore, by virtue of the Will dated 01.02.2007 the plaintiff and defendants Nos. 1 to 3 became co-owners of said undivided suit property, each holding 1/4 th share. The suit property includes a residential building consisting of two floors built up on an area of 282 sq. yards. Further, it is stated that the said arrangement is still continuing.