HARCHARAN SINGH HAZOORIA Vs. KULWANT SINGH HAZOORIA

JUDGEMENT

(1.) The plaintiff has filed the present suit seeking partition of the suit property bearing No. 60, Ring Road, Lajpat Nagar III, New Delhi and possession after partition of the share of the plaintiff being one-half. A decree of declaration is also sought that the gift deeds dated 23.05.2007 and 02.06.2008 said to have been executed by Late Smt. Jaswant Kaur are null and void and are not binding on the plaintiff and consequently, cancellation of the said gift deeds. Other connected reliefs are also sought.

(2.) It is stated that Late Smt. Jaswant Kaur was the mother of the plaintiff, defendants No. 1 and 2. Defendant No. 3 is the wife of defendant No. 1. Smt. Jaswant Kaur owned and possessed the suit property. It is stated that the suit property was converted into freehold via a conveyance deed dated 09.05.2000 executed in favour of Late Smt. Jaswant Kaur. The suit property is a plot of land measuring 790 sq.yards comprising of ground floor, first floor, second floor, terrace above the second floor, with lift room and barsarti.

(3.) It is the case of the plaintiff that Late Smt. Jaswant Kaur died on 15.08.2008. She was 98 years of age and due to her advanced age, was incapable of taking any decision. She was not able to fully understand or form a judgment as to what was in her own interest. It is stated that for the last many years, Late Smt. Jaswant Kaur was keeping unwell and was also incapable of managing her own affairs.