NAVITA ARJUN VOHRA Vs. NITIN ARJUN

JUDGEMENT

(1.) The Present suit for declaration, partition and consequential reliefs has been filed by Ms. Navita Arjun Vohra against the Defendants - Mr. Nitin Arjun and Ms. Harsh Mohini Arjun who are the brother and mother of the Plaintiff respectively. The prayer in the suit is as under:

(2.) Prior to the present suit being filed by the Plaintiff, a testamentary case was filed in respect of the Will of the father of the Plaintiff dated 24th February, 2010. The said Test. Case was originally filed before the District Court and was thereafter withdrawn and filed before this Court and is now registered as Test. Case.97/2015.

(3.) The disputes in the present case relate to the same family of Late Mr. Ratan D. Arjun who had left behind various immovable/movable assets. The case of the Plaintiff is that she is broadly entitled to 1/3rd share in her father's assets. However, the stand of the defendants is that an oral family settlement was entered into in 1977 which was thereafter reduced to writing in 2006. Thus, in the suit for partition the Plaintiff's stand is that the Memorandum of Family Settlement (hereinafter "MOFS") which was executed on 21st October, 2006 is illegal, null and void and accordingly the reliefs as extracted above were prayed for by the Plaintiff.