USHA JAIN & ORS Vs. SNEHALATA KUMUDINI BARNABAS

JUDGEMENT

(1.) This judgment shall dispose of the consolidated suit [CS(OS) 2186 of & TEST.CAS. 45/2012 Page 2 of 43 2011] and the testamentary case [Test Case No. 45 of 2012], wherein common evidence was led by the parties on interconnected issues arising from interrelated facts.

(2.) Smt. Usha Jain, Devna Dutt and Bhawna Jain, wife and two daughters of Late Satendra Jain, respectively, have instituted the present suit claiming that they constitute a Hindu Undivided Family (HUF). Plaintiff No. 1 (Mrs. Usha Jain) states that she is presently the karta of the family after the death of her husband-Satendra Jain. In the plaint, it is averred that Late Satendra Jain did not have any other children except Plaintiff Nos. 2 and 3. Plaintiff No. 1 and Late Satendra Jain were married on 26th May 1959. Plaintiff No. 2 was born on 11th November 1961 and Plaintiff No. 3 was born on 13th October 1964.

(3.) Late Satendra Jain as karta of the HUF acquired three immovable properties during his lifetime. Reliefs are claimed in respect of Agricultural Land admeasuring 4 Bighas and 16 Biswas in Khasra Nos. 547 min. (3-12), 549 (1-4) situated in village Satbari, Tehsil Mehrauli, New Delhi (hereinafter 'suit property'). The suit property was acquired out of HUF funds and the payment made to the vendor was through a cheque drawn from the bank account of the HUF with Central Bank of India, Gol Market, New Delhi. The HUF status of the property is also reflected in the income tax returns filed with the income tax authorities. The Plaintiffs are paying property tax in respect of the suit property. The suit property was acquired from Sh. Gajinder Kumar Loond through Agreement to Sell dated 13th October 1993 and registered sale deed in 1999. Late Satendra Jain was legally married to Plaintiff No. 1 and the marriage was subsisting on the date of his death. Plaintiffs are the legal heirs of Satendra Jain and succeed to his estates as well as to the HUF. They are entitled to one-third share each in the estate of Late Satendra Jain both under Hindu law as well as by virtue of Hindu Succession Act as amended in 2005. Defendant is a close acquaintance/friend of Late Satendra Jain. She is unmarried with no legal relationship or status with the Plaintiffs or Late Satendra Jain. She is in possession of the suit property and after the death of Satendra Jain, despite request by the Plaintiffs, she has not vacated the suit property.