Disposed

Atul Kumar Verma v. Kamlesh Verma & Ors.

Delhi HC7 Dec 2018CS(OS)/213/2016

Case brief

AI extract

What is this about?

This order passes a final decree for partition of remaining properties after physical division proved impossible. It directs the sale of certain immovable properties and orders the bank to distribute funds and open the deceased's locker upon joint application.

What did the court decide?

Pass final decree for sale of specific properties and distribution of proceeds; direct HDFC Bank to distribute monies and open locker upon joint application.

Atul Kumar Verma Vs Kamlesh Verma & Ors. — Specific Performance | Delhi HC (2018)

¶1

$~2

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CS(OS) 213/2016, IA No.5569/2016 (u/O XXXIX R-1&2 CPC) & IA No.6335/2016 (u/O VI R-17 CPC)

¶4

ATUL KUMAR VERMA ..... Plaintiff Through: Ms. Akanksha Jain, Adv. Versus

¶5

KAMLESH VERMA & ORS. ..... Defendants Through: Mr. Anuj Handa & Ms. Sanya Handa, Advs. Mr. Sharique Hussain, Adv. for HDFC Bank Ltd.

¶6

CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

¶7

O R D E R

¶8

% 07.12.2018

¶9

Vide order dated 12^th April, 2017, a preliminary decree for partition:

¶10

(i) of property no.A-267, Chattarpur Enclave, Phase-II, New Delhi ad measuring 350 sq. yds. declaring the share of the plaintiff and the three defendants therein to be 1/4^th each;

¶11

(ii) of property no.A-265, Chattarpur Enclave, Phase-II, New Delhi ad measuring 300 sq. yds. declaring the share of the plaintiff to be 50% and the share of each the three defendants to be 1/3^rd of 50%; and,

¶12

(iii) of the monies lying in the bank accounts of the common predecessor of the parties on the date of his demise being (a) saving bank account no.1111211613 along with defendant no.1 Smt. Kamlesh Verma with Central Bank of India, Panchsheel Park, New Delhi – 110 017; (b) saving bank account

¶13

CS(OS) 213/2016

¶14

Page 1 of 4

¶15

no.1111289556 along with the plaintiff with Central Bank of India, Panchsheel Park, New Delhi – 110 017; and, (c) saving bank account no.024010008139 with Dena Bank, Chattarpur, New Delhi – 110 074 declaring the share of the plaintiff and the three defendants therein to be 1/4^th each.

¶16

was passed, determining the share of the plaintiff and the three defendants viz. Kamlesh Verma, Roopa Dewan Chopra & Ila Nath as 1/4^th each.

¶17

On 12^th April, 2017 itself, it was stated that property No.A-267, Chattarpur Enclave, Phase-II, New Delhi is incapable of division by metes and bounds and the parties had agreed that they will make proposals for distribution of the property and / or for bidding for the properties. On 16^th May, 2017, settlement with respect to property No.A-267, Chattarpur Enclave, Phase-II, New Delhi was arrived at. The counsels state that the said settlement has already been implemented and in view thereof the same be excluded from the final decree for partition.

¶18

Today, the counsel for the HDFC Bank Ltd. is present in the Court and states that the deceased H.C. Verma had two accounts with HDFC Bank Ltd. and the balance standing to his credit in one of the accounts is Rs.10,859/- and the balance standing to his credit in the other account is in the negative. He has, in Court, handed over the statements of accounts under index dated 7^th December, 2018, which are taken on record.

¶19

The counsels state that the monies of the deceased in the other bank accounts mentioned hereinabove have already been distributed between the parties and the same be also excluded from the final decree for partition.

¶20

CS(OS) 213/2016

¶21

Page 2 of 4

¶22

Upon discovery of other properties of the deceased, vide order dated 9^th February, 2018, a preliminary decree of partition of:

¶23

(a) 2 bighas plot in Anangpur, District Ballabgarh, Faridabad, Haryana;

¶24

(b) Locker number 34(50500003678362) in HDFC Bank, Sector 67, Noida.

¶25

was also passed declaring the parties to have 1/4^th share therein.

¶26

The parties having been unable to arrive at any settlement with respect to the remaining properties, there is no option but to pass a final decree for partition:

¶27

A. of the following properties:

¶28

(i) A-265, Chattarpur Enclave, Phase-II, New Delhi; and

¶29

(ii) 2 bighas plot in Anangpur, District Ballabhgarh, Faridabad, Haryana,

¶30

of sale thereof and of distribution of sale proceeds amongst the parties in accordance with the shares declared in the preliminary decree for partition; and,

¶31

B. following properties is passed:

¶32

(a) monies of the deceased H.C. Verma lying in HDFC Bank; and, (b) of the contents of the Locker No.34(50500003678362) of the deceased with HDFC Bank, Sector-67, Noida,

¶33

by directing the HDFC Bank to, upon the plaintiff and the three defendants jointly approaching the bank, distribute the monies standing to the credit of the deceased equally to the plaintiff and the three defendants and subject to payment of charges of the bank if any by permitting the CS(OS) 213/2016 Page 3 of 4

¶34

locker to be opened and preparation of an inventory thereof and the contents of the locker if amicably distributed by the parties amongst themselves being so amicably distributed and if not amicably distributed, by keeping the contents back in the locker and of sale of the said contents and distribution of proceeds thereof in accordance with shares declared in the preliminary decree for partition.

¶35

The parties are left to bear their own costs.

¶36

Subject to the requisite stamp duty being deposited, decree sheet be drawn up.

¶37

RAJIV SAHAI ENDLAW, J.

¶38

DECEMBER 07, 2018 „gsr‟..

¶39

CS(OS) 213/2016

¶40

Page 4 of 4

Atul Kumar Verma v. Kamlesh Verma & Ors.

Case brief

What is this about?

What did the court decide?

Atul Kumar Verma v. Kamlesh Verma & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Naresh Paul & Another Vs Surinder Pal & Ors.

Sh. Ranbir Singh Suhag & Anr. Vs Smt. Shanti Devi & Ors.

M/S Sandberry Hotel Vs Mrs. Saroj Devi Sehrawat

M/S Japsin Jacob Wire Drawing(P) Ltd. Vs M/S Euro Multivision Ltd.

Anil Hada Vs Sandeep Bhel

Smt Omwati Koak & Ors. Vs Charan Pal Singh Koak

Earthtech Enterprises Ltd. Vs Renfrew Security Bank & Trust (Offshore) Ltd. & Ors.

Shri Surendra Nath Pasricha Vs Smt Kamla Pasricha and Ors.

Upl Limited Vs Hpm Chemicals & Fertilizers Ltd.

Mrs Kamla Lall Vs State & Ors.

Gunveen Kaur & Anr. Vs Shri Gurinder Pal Singh Bedi

M/S Aero Club Vs M/S Citi Mart & Anr.

Shri Ram Chopra Vs Seema Chopra & Anr.

Mrs Sangeeta Mathur & Others Vs Mr Nirvesh Bahadur Mathur & Others