MEERA JAIN Vs. SUNDARI DEVI GARG

JUDGEMENT

(1.) LATE Sh.Banwari Lal Garg was the owner of house No.A -1/66, Safdarjung Enclave, New Delhi. He died intestate on February 19, 2008 and was survived by his wife Sundari Devi and three daughters named Meera, Sunita and Anita.

(2.) THE mother and the daughters recorded a memorandum of family settlement in writing on March 12, 2008 concerning how they would like the parties to inherit the house owned by the deceased. The recital and the terms of settlement are as under: - ''AND WHEREAS to arrive at an amicable settlement and to avoid any dispute in future, and with a view to have well defined demarcated portions in the said residential house No.A - 1/66, Safdarjung Enclave, New Delhi - 110029, all the four parties to this deed of settlement have arrived at a settlement for the ownership and the possession of the Said Property in the following manner: 1. That the „First party of the One Part?, Smt.SundariDevi Garg W/o Late Sh.Banwari Lal Garg R/o A -1/66, Safdarjung Enclave, New Delhi, shall have the right to reside on the Ground Floor. 1(a). That Smt.Sunita Jain W/o Mr.Sudershan Jain, D/o Late Sh.Banwari Lal Garg at A -1/66, Safdarjung Enclave, New Delhi, Second Party of Other Part, shall have full and absolute ownership rights in respect of the Ground Floor of Property No.A -1/66, Safdarjung Enclave, New Delhi - 110029. That none of the other three parties to this deed have any rights whatsoever in respect of the Ground Floor as above save and except, the right of the First Party (Mother) to reside on the Ground Floor. 1(b). That Smt.Sundari Devi Garg „First Party? and also the two other parties namely „Third Party? and „Fourth Party? have no objection to the Ground Floor being mutated and substituted exclusively and absolutely in the name of Smt.Sunita Jain, the Second Party in the records of DDA, MCD and all other Municipal records as the absolute and exclusive owner of the Ground Floor. 2. That Smt.Anita Gupta W/o Sh.Anil Gupta, D/o Late Sh.Banwari Lal Garg R/o A -1/66. Safdarjung Enclave, New Delhi, the „Third party of Other Part,? who is in occupation and possession of the first floor all along shall be the full and absolute owner of the First Floor of Property No.A -1/66, Safdarjung Enclave, New Delhi - 110029 and the rest of the three parties to this deed have no objection to the mutation and substitution of Smt.Anita Gupta in the records of DDA, MCD and all other local Municipal and other Authorities as the absolute and full owner of the First Floor.

(3.) MEERA and Sunita filed a suit registered as CS (OS) No.1953/2013 making a grievance that their mother and their sister Anita were illegally constructing a third floor on the terrace of the existing second floor. The two claimed 1/3rd share each in the terrace and pleaded that the remainder 1/3rd was of Anita. They staked their claim under the memorandum of family settlement.