VERONICA Vs. JITENDRA PAL SINGH SODHI

JUDGEMENT

(1.) The plaintiff No.1 Ms. Veronica (Minor), acting through her mother plaintiff No.2 Neetu Sodhi, has instituted this suit for (i) declaration that the plaintiff No.1, being a coparcener and Class I heir, is entitled to a share of 1/18th + 1/72th of properties (a) B-10/329, Sunder Vihar, New Delhi, (b) Plot No.418, measuring 249.51 sq. yards, situated in the Hindustan Corporate House Building Society Limited, In Guruharkishan Nagar, Paschim Vihar, New Delhi, (c) land bearing Khasra Nos.21/1, 2/1, 20/2, 5/2, 14/21, 33/1, 15/14, 20 and 24 viz standard area 32 Karnal and 9 Marlas and total area with cost 41 Karnal 19 Marlas situated at P.O. and Village Jallupurkhara Tehsil and Distt. Amritsar, (d) land bearing Khasra Nos.45/3, 39/23 and 24/2 viz 3 Karnal 19 Marlas. No had Basta 16 situated at P.O. and Village Jallupurkhara Tehsil and Distt. Amritsar, (e) Two plots for houses (one near Late Sodhi Kashmira Singh's House and another plot in front of it); complete particulars of which are pleaded to be not available with the plaintiff at present, (f) One open Havelli, and one House near Late Sodhi Mela Singh situated at P.O. and Village Jallupurkhara Tehsil and Distt. Amritsar, (g) Plot No.3, Block-A, Ballabhgarh, Gurgaon, Haryana and (h) Schemes of Unit Trust of India dated 03.02.1992 and other dates; (ii) directions to the defendants specially the defendant No.1 Jitendra Pal Singh Sodhi, to give details of the entire ancestral properties, to enable the plaintiffs to claim their share in other properties; (iii) partition; and, (iv) permanent injunction restraining the defendants from dealing with the properties.

(2.) The pleaded case of the plaintiffs is, (I) that the plaintiffs and the defendants No.1 to 4 are members of Joint Hindu Family; (II) that the defendants No.1 and 2 Jitendra Pal Singh Sodhi and Bhartinder Kaur Sodhi are the paternal grandparents of plaintiff No.1 and father and mother-in-law of plaintiff No.2; (III) that the defendant No.3 Harpreet Sabharwal is the paternal aunt of the plaintiff No.1 and sister-in-law of plaintiff No.2 Neetu Sodhi ; (IV) that the plaintiff No.1 and defendant No.4 Ayesha Sodhi are sisters by half blood, having common father; (V) that the father of the plaintiff No.1 and husband of the plaintiff No.2 namely Jaspreet Singh Sodhi died on 16th February, 2015; (VI) that the defendant No.1, being the grandfather of the plaintiff No.1, is Karta of Joint Hindu Family; (VII) that the entire properties devolved upon defendant No.1 and his brother Parvinder Pal Singh Sodhi from their father late Trilok Chand Sodhi; (VIII) that the defendant No.1 is the Karta and the plaintiff No.1 and defendants No.3, 4 and 5 are coparceners; (IX) that on the death of Jaspreet Singh Sodhi, who was the father of the plaintiff No.1, a notional partition would take place and whereunder the defendant No.1 and his brother Parvinder Pal Singh Sodhi will get half share each; (X) that the said half share of defendant No.1 will further get divided between deceased Jaspreet Singh Sodhi, defendant No.1 and defendant No.3, as all of them are coparceners; (XI) thus, defendant No.1, Jaspreet Singh Sodhi and defendant No.3 will get 1/6th share each; (XII) that the said 1/6th share of deceased Jaspreet Singh Sodhi will get divided between Jaspreet Singh Sodhi, plaintiff No.1 and defendant No.4, who are coparceners; and, (XIII) that the 1/8th share of deceased Jaspreet Singh Sodhi would further devolve by way of succession upon plaintiff no.1, plaintiff no.2, defendant no.3 and defendant no.4 in equal parts, as Class I heirs.

(3.) The suit came up first before this Court on 16th August, 2016, when summons thereof were ordered to be issued, though interim relief sought not granted.