RAJIVE BHATIA Vs. SANJAY BHATIA

JUDGEMENT

(1.) The present suit has been filed by the plaintiff impleading his brotherSanjay Bhatia, mother-Shanta Bhatia and sister-Anita Bhatia as defendant Nos. 1, 2 and 3 respectively, inter alia, seeking a decree of partition and injunction in respect to property bearing 92, Raja Garden as also a preliminary decree based on the respective shares of the parties.

(2.) Case of the plaintiff is that property bearing municipal No. 92, Raja Garden, New Delhi- 110015 admeasuring 200 sq. yds. (in short the suit property) was purchased by the late father of the plaintiff and defendant No.1 & 3 and the husband of defendant No.2 Shri Ved Prakash Bhatia from his own funds and resources vide the sale deed dated 21st July, 1965 executed in his favour by Shri Jagdish Rai Sood. Shri Ved Prakash Bhatia died intestate at New Delhi on 28th January, 2007 leaving behind the plaintiff and defendants as the four legal heirs, each entitled to 25% shares in his estate and assets including the suit property. Shri Ved Prakash Bhatia was also the owner of ground floor except one shop of a built up property bearing No. FA/F-297, Mansarover Garden (in short the Mansarover Garden Property). After the death of Shri Ved Prakash Bhatia, plaintiff and defendant No.1 & 3 executed a relinquishment deed dated 16 th February, 2009 in favour of defendant No.2 i.e. the mother in respect of the Mansarover Garden property. The said relinquishment deed dated 16 th February, 2009 categorically noted that Ved Prakash Bhatia passed away on 28th January, 2007 leaving behind the parties to the relinquishment deed each having 1/4th share under the Hindu Succession Act.

(3.) Further, vide the relinquishment deed dated 11th December, 2013 Smt. Shanta Bhatia irrevocably and absolutely bequeathed and conveyed her 1/4th share in the suit property in favour of the plaintiff. Thereafter the plaintiff approached the defendant No.1 in the year 2015 2017 number of times to partition the suit property but the defendant No.1 declined. The defendant No.2 & 3 have always stated that the plaintiff was owner of 50% share of the suit property. Thus, based on the relinquishment deed dated 11th December, 2013 executed by Smt. Shanta Bhatia in favour of the plaintiff, plaintiff claim partition of the suit property and his 50% share therein.