New Delhi:
A West Delhi resident has been ordered by a Delhi court to part with half of a DDA flat,
which he inherited after death of his mother 25 years back, to his sister.
While asking the man to segregate half of the property for his sister, Civil Judge Ravindra Kumar Pandey also restrained the man and his family members from selling the flat, left by his mother, or transferring it to anybody else.
"Defendant (brother) is directed to separate the half share of the plaintiff (sister) in the suit property within two months," the court said, also restraining him from cratering any "third party interest" in the flat.
The court's order come on a plea by a man's sister, who said that her mother had died in 1986 leaving her and her brother as her legal heirs.
The court gave its order on the plea, which remained uncontested as the brother failed to appear in the court to present his side of the story despite repeated summons.
She said after her mother's death, she became entitled to half of the share in the DDA flat along with her brother.
She alleged she has been requesting her brother for partition of the share of the property and also to segregate her share, but he had not consented. She added her brother wants to sell the property without her consent and without parting with her share in it.
The court relied on the depositions of the lady as her brother did not appear before the court. "The testimony of plaintiff (sister) has remained uncontroverted and unchallenged as the defendant (brother) has failed to contest the suit. There is no reason to disbelieve
the testimony of the witness.
"In view of the unrebutted testimony of the witness and various documents placed and proved on record and in absence of any evidence to the contrary, the plaintiff's (sister) suit is proved to the satisfaction of this court and is hereby decreed and a decree of partition in respect of the suit property is passed in favour of the plaintiff and against the defendant. Defendant (brother) is directed to separate the half share of the plaintiff in the suit property within two months," the court said.
which he inherited after death of his mother 25 years back, to his sister.
While asking the man to segregate half of the property for his sister, Civil Judge Ravindra Kumar Pandey also restrained the man and his family members from selling the flat, left by his mother, or transferring it to anybody else.
"Defendant (brother) is directed to separate the half share of the plaintiff (sister) in the suit property within two months," the court said, also restraining him from cratering any "third party interest" in the flat.
The court's order come on a plea by a man's sister, who said that her mother had died in 1986 leaving her and her brother as her legal heirs.
The court gave its order on the plea, which remained uncontested as the brother failed to appear in the court to present his side of the story despite repeated summons.
She said after her mother's death, she became entitled to half of the share in the DDA flat along with her brother.
She alleged she has been requesting her brother for partition of the share of the property and also to segregate her share, but he had not consented. She added her brother wants to sell the property without her consent and without parting with her share in it.
The court relied on the depositions of the lady as her brother did not appear before the court. "The testimony of plaintiff (sister) has remained uncontroverted and unchallenged as the defendant (brother) has failed to contest the suit. There is no reason to disbelieve
the testimony of the witness.
"In view of the unrebutted testimony of the witness and various documents placed and proved on record and in absence of any evidence to the contrary, the plaintiff's (sister) suit is proved to the satisfaction of this court and is hereby decreed and a decree of partition in respect of the suit property is passed in favour of the plaintiff and against the defendant. Defendant (brother) is directed to separate the half share of the plaintiff in the suit property within two months," the court said.
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