Delhi High Court
Mrs Rajni Mehta & Anr vs Mr Vikas Vaid on 20 May, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 20th May, 2025
+ CS(OS) 49/2023 & I.A. 31522/2024
MRS RAJNI MEHTA & ANR. .....Plaintiffs
Through: Mr. Yash Kadyan, Mr. Mannat Kohli,
Mr. Yash Luthra and Mr. Raghav
Kaushik, Advocates
versus
MR VIKAS VAID .....Defendant
Through: Mr. Yudhistir, Advocate
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CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMEET PRITAM SINGH ARORA, J (ORAL):
1. The present suit has been filed by the plaintiffs seeking partition of
the estate of late Sh. Shadi Lal Vaid and late Smt. Joginder Vaid.
2. It is stated that Sh. Shadi Lal Vaid [father] died intestate on
24.11.1990 and Smt. Joginder Vaid [mother] died intestate on 06.12.2014.
3. Plaintiff no. 1, plaintiff no. 2 and defendant are siblings. It is stated
that the parties herein [plaintiff nos. 1 and 2 as well the defendant] are the
only surviving legal heirs of late Sh. Shadi Lal Vaid and late Smt. Joginder
Vaid.
4. It is stated that the estate of late Sh. Shadi Lal Vaid and late Smt.
Joginder Vaid consisted of the following two (2) immovable properties
['suit properties']: -
a. Ashok Vihar Property i.e., Property bearing no. C-3/36, Ashok
Vihar, New Delhi-110052, admeasuring 150 square yards
approximately. The said property was a self-acquired property
purchased by late Shri Shadi Lal Vaid from Delhi Development
Authority vide duly registered conveyance deed registered with
the office of Sub-Registrar at Kashmere Gate vide Registration
No. 6609 in Additional Book No. I at page 103-108 registered
on 30.09.1969.
b. Gurugram Property - Plot No. 180, Sector-40, Mohyal Colony,
Jharsa, Gurugram, Haryana-12200 1 admeasuring 200 square
yards. The said property was purchased by Late Smt. Joginder
Vaid and it was her self-acquired property. The said property
was in possession of Smt. Joginder Vaid until her demise on
06.12.2014 and now in joint possession of all her legal heirs.
The said plot is a vacant plot with no construction over the
same except boundary fencing.
5. Learned counsel for the plaintiffs states that late Sh. Shadi Lal Vaid
and late Smt. Joginder Vaid died intestate and therefore, plaintiff no. 1,
plaintiff no. 2 and the defendant are entitled to 1/3rd share each in the suit
properties.
5.1. He states that the Ashok Vihar property is constructed and is in
possession of the defendant. He states that Gurugram Property is an
open, and a vacant plot and is therefore, in joint possession of all the
parties.
5.2. He states that during the pendency of these proceedings, defendant
had earlier inducted a tenant in Ashok Vihar property, who has since
vacated and therefore, the plaintiff is not pressing for relief of mesne
profits.
5.3. He states that defendant's right to file written statement has been
closed vide order dated 08.08.2023.
5.4. He states that plaintiff has led evidence and examined plaintiff no. 2
as PW-1. He states that an officer from the Resident Welfare
Association ['RWA'] of Mohyal Colony, where Plot No. 180,
Gurugram is located was also summoned.
5.5. He states that in these facts, a preliminary decree declaring plaintiffs
and the defendant, as owners of undivided share of 1/3rd each in the
two (2) immovable properties may be passed.
5.6. He states that though plaintiffs have also raised a claim of movable
assets of the parents; however, during the proceedings, there has been
no disclosure of movable assets and therefore, the plaintiffs are only
seeking enforcement of their rights in these immovable properties.
6. Learned counsel for the defendant states that parties are trying to
settle the matter.
7. This submission of learned counsel for the defendant is not admitted
by the counsel for the plaintiff. He states that settlement talks have failed.
8. In the aforenoted facts, since there is no dispute that plaintiff no. 1,
plaintiff no. 2 and defendant are the only natural legal heirs of late Sh. Shadi
Lal Vaid and late Smt. Joginder Vaid, who died intestate, a preliminary
decree is hereby passed declaring plaintiff no. 1, plaintiff no. 2 and
defendant as owners of 1/3rd share each in the estate of late Sh. Shadi Lal
Vaid and late Smt. Joginder Vaid.
9. The plaintiffs have duly proved the registered conveyance deed dated
30.09.1969 [Ex.PW-1/3] with respect to property bearing no. C-3/36, Ashok
Vihar, New Delhi-110052 as well as the agreement (styled as conveyance
deed) [Ex.PW-2/A] with respect to Plot No. 180, Sector-40, Mohyal
Colony, Jharsa, Gurugram, Haryana-122001 admeasuring 200 square yards,
signed by the RWA acknowledging that late Smt. Joginder Vaid was the
allottee.
10. The parties herein are thus declared as joint owners to the extent of
1/3rd each in the property bearing no. C-3/36, Ashok Vihar, New Delhi-
110052 admeasuring 150 sq. yards.
11. Plaintiff no.1, plaintiff no. 2 and defendant are also declared entitled
to all rights of late Smt. Joginder Vaid in Plot No. 180, Sector-40, Mohyal
Colony, Jharsa, Gurugram, Haryana-122001 admeasuring 200 square yards
in the share of 1/3rd each.
12. The registry is directed to draw up a preliminary decree in terms of
this order.
13. Learned counsel for the plaintiffs' states that at this stage, he is not
praying for appointment of the Local Commissioner as parties are
considering engaging a developer for re-development of Ashok Vihar
property.
14. At request of the plaintiff, list on 10.09.2025 for issuing directions for
passing final decree.
MANMEET PRITAM SINGH ARORA, J
MAY 20, 2025/rhc/MG Click here to check corrigendum, if any
