PURAN CHAND OBEROI Vs. JITENDER OBEROI

JUDGEMENT

(1.) THE subject suit for partition has been filed by Sh. Puran Chand Oberoi son of late Sh. Ram Chand Oberoi. The defendant No. 1 is the brother of the plaintiff i.e another son of late Sh. Ram Chand Oberoi. Defendant Nos. 2 to 5 are the daughters of late Sh. Ram Chand Oberoi i.e the sisters of the plaintiff and the defendant No. 1. The subject suit for partition is predicated on the facts that the father of the plaintiff and defendant No. 1, namely, late Sh. Ram Chand Oberoi inherited properties from his father late Sh. Moti Shah Oberoi by virtue of a Will dated 06.08.1965, and therefore, the properties are ancestral in the hands of late Sh. Ram Chand Oberoi, and consequently, plaintiff has a right/share in the properties inherited by late Sh. Ram Chand Oberoi from his father late Sh. Moti Shah Oberoi.

(2.) AS per the judgments of the Supreme Court in the cases of The Commissioner of Wealth Tax, Kanpur and Ors. Vs. Chander Sen & Ors., AIR 1986 SC 1753 and Yudhister Vs. Ashok Kumar, AIR 1987 SC 558, a male Hindu who inherits properties from his paternal ancestors after passing of the Hindu Succession Act, 1956, inherits the properties as self-acquired properties in his hands unless there existed a Hindu Undivided Family (HUF) at the time of the death of the paternal ancestor.

(3.) IN view of the above admitted facts and the position of law, this suit can be disposed of on the principles contained in Order XII Rule 6 of Code of Civil Procedure, 1908 (CPC) inasmuch as only the admitted contents of the plaint are being referred to. As per the admitted position, the position which emerges is that the properties inherited by the father of the plaintiff, namely, late Sh. Ram Chand Oberoi would be self-acquired properties in his hands, and to such self-acquired properties plaintiff would have a right inasmuch the plaintiff himself admits in para 5 of the plaint that the father Sh. Ram Chand Oberoi died leaving behind a Will dated 22.09.1994. Para 5 of the plaint states that in fact the plaintiff was made executor of the Will of the father late Sh. Ram Chand Oberoi dated 22.09.1994. As per this Will plaintiff is disinherited and the father Ram Chand Oberoi bequeathed the suit properties to defendant No.1 exclusively.