SHWETA KHANDELWAL vs ANUBHA KHANDELWAL & ANR.

$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 1st February, 2024
+ CS(OS) 258/2022, I.As. 7201/2022, 14738/2022 & 13089/2023
SHWETA KHANDELWAL ….. Plaintiff
Through: Mr. Animesh Sinha, Mr. Puneet Aggarwal and Mr. Shubham Budhiraja, Advs (M. 9873039391)
versus

ANUBHA KHANDELWAL & ANR. ….. Defendants
Through: Mr. Namit Saxena, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.
I.A. 7201/2022 (stay)
2. This is an application under Order XXXIX Rule 1 and 2 filed by the Plaintiff. Vide order dated 9th May, 2022, the status quo was directed in respect of the new Rohtak Road property bearing no. 5C/15. The said status quo shall continue. In respect of all the other properties, now that the Local Commissioner has been appointed, the status quo shall be maintained.
3. The Local Commissioner shall now decide the future cause of action in respect of moveable and immoveable assets.
4. Application is disposed of.
CS(OS) 258/2022 and I.A. 14738/2022, 13089/2023
5. This is a suit for partition filed by the heirs of Mrs. Manju Khandelwal who had three daughters, namely, Smt. Shweta Khandelwal, Smt. Anubha Khandelwal and Smt. Shilpi Sudhir Khandelwal. 
6. The case of the Plaintiff-Shweta Khandelwal is that the mother passed away inter-state on 14 January, 2012. The mother had various moveable and immovable assets which are listed in the plaint including immovable property, bonds, shares, deposits, mutual funds etc. The Plaintiff prays for partition declaring the Plaintiff and other two sisters as one-third owners of the estate of the mother. In the written statement, the Defendant Nos. 1 &2- Smt. Anubha Khandelwal and Shilpi Sudhir Khandelwal who are the sisters of the Plaintiff relied upon a Will dated 20 October, 2011 which was stated to be executed by the mother. According to the Defendant, the Will only dealt with certain movable and immovable properties.
7. Ld. counsel for the Plaintiff has moved an application i.e., I.A. 14738/2022 under Order XII Rule 6 seeking partition and 1/3rd share in the suit property, rendition of accounts with respect to movable properties as mentioned in paragraph 2 and 5 of the application as also appointment of a Local Commissioner. In support of the said application, it is submitted by ld. counsel that the various moveable and immovable properties have been set out in paragraph 2 and 5. In respect of these properties covered by the Will, the mother has declared in the Will that all three daughters would be equal owners. The relevant portion of the said will is set out below:
“I have during my lifetime acquired considerable property with my own efforts and also inherited assets estates from my late husband after his death, which were inherited to me through his WILL dated 14 December, 2007. I possessed assets in the shape of Immovable Property, Jewellery, Bonds, Shares in Companies, Deposits in Bank, Deposits with Companies and other Chose-in-action which are more particularly described in Schedule “1” forming part of this will. I am owner of all these assets acquired out of my own money and inherited from my late husband and the HUP of my late husband and the HUF of my late husband as per the will of my late husband and I have absolute powers of disposal of the same. Keeping in view the unnecessary litigation amongst my heirs and others, 1 hereby devise and bequeath all my undisposed estate in the manner hereunder:
(i) I, devise and bequeath unto my all married daughters namely, SMT. ANUBHA GUPTA W/0 SH. VIKRAM GUPTA, SMT, SHILPI KHANDELWAL W/0 SH. SUDHIR KHANDELWAL AND SMT, SHWETA JASORIA W/0 SH. ASHISH JASORIA jointly and severally, absolutely the complete/full share in property (i.e. my shares and share inherited to me from my late husband) in the house bearing Property/ House No. SC/15, NEW ROHTAK ROAD, NEW DELHI-110005 more particularly described in Schedule “1” hereto, with full rights and powers of disposal and they shall further enjoy all the household goods, crockery, furniture, fixtures and other articles or ornaments of use in the said house as belonging to them and at their disposal.
(ii) I further devise and bequeath unto my all three married daughters as described above jointly and severally, all my investments in Shares in Indian Listed and unlisted Companies, Demat A/c’s, Bonds, Mutual Funds, NSS, Pension Pians, Fixed Deposits with Banks and companies. Balance in Saving Bank Accounts, Lockers with Banks and Deposits/Loans with Given to Indian Companies and Jewellery and Bullions more particularly described in Schedule “I” hereto, with full rights and powers of disposal.
(ill) Any assets, movable or immovable, which are omitted to be mentioned in the will or which I may hereafter acquire shall be taken by my above described daughters jointly and severally, with full powers of disposal.”

8. He further submits that in respect of those assets which are not part of the Will, since the same would be governed by intestate succession, either way, one-third share would vest with the Plaintiff. 
9. On behalf of the Defendants, Mr. Namit Saxena, ld. Counsel submits that in respect of those properties covered in the Will, the decree can be passed to the effect of one-third share in favour of all the three daughters each. However, in respect of remaining properties, the matter ought to go to trial. 
10. The Court has pursued the application under Order XII Rule 6. The various properties which have been set out in the said application are extracted below:-
“2. The defendants, with their joint written statement, have filed the alleged last and final Will of both parents: Will dated 14.12.2007 of the father (late Sh. Ashok Khandelwal) and Will dated 20.10.2011 of the mother (late Smt. Manju Khandelwal). It is the case of the defendants that their father Late Sh. Ashok Khandelwal bequeathed his entire estate including his half undivided share in property no. 5C/15, New Rohtak Road, Karol Bagh, Delhi – 110005 in favour of his wife late Smt. Manju Khandelwal through his alleged Will dated 14.12.2007. Subsequently, their mother bequeathed her entire estate upon the three parties to the suit in equal proportion, i.e. l/3rd each through her alleged Will dated 20.10.2011. The estate of late Mrs. Manju Khandelwal, as specifically mentioned in her alleged Will dated 20.10.2011 (Schedule A thereof), comprises of the following:
Immovable Properties
a) property no. 5C/15, New Rohtak Road, Karol Bagh, Delhi – 110005
Movable Properties:
Savings Bank Accounts
b. Late Sh. Ashok Khandelwal’s savings bank account no. 0262100001267 with HDFC Bank, Old Rajinder Nagar branch;
c. Late Sh. Ashok Khandelwal’s savings bank account no. 02621000104878 with HDFC Bank, Old Rajinder Nagar branch;
d. Late Sh. Ashok Khandelwal’s and late Smt. Manju Khandelwal’s joint savings bank account no. 02621000160653 with HDFC Bank, Old Rajinder Nagar branch;
e. Ashok Khandelwal HUF’s savings bank account no. 0261370004799 with HDFC Bank, Old Rajinder Nagar branch;
f. Late Sh. Ashok Khandelwal’s savings bank account no. 10383802606 with State Bank of India, Okhla Industrial Estate branch, New Delhi;
g. Late Sh. Ashok Khandelwal’s savings bank account no. 10577071312 with State Bank of India, Okhla Industrial Estate branch. New Delhi;
h. Ashok Khandelwal HUF’s savings bank account no. 10577072677 with State Bank of India, Okhla Industrial Estate branch, New Delhi;
Bank Lockers
i. Locker account no. 341 with Bank of Baroda, Karol Bagh, New Delhi; Demat Accounts
j. Late Sh. Ashok Khandelwal’s DPID A/C no. IN301549 bearing client ID no. 14271832 with HDFC Bank;
k. Late Sh. Ashok Khandelwal’s DPID A/C no. IN301549 bearing client ID no. 16706648 with HDFC Bank;
1. Ashok Manju Khandelwal’s DPID AJC no. IN301549 bearing client ID no. 16527209 with HDFC Bank; Shares in unlisted companies
m. Late Sh. Ashok Khandelwal’s 10970 equity shares of M/s. J.J. Foams Pvt Ltd. at nominal value per share of Rs. 10/-;
n. Late Sh. Ashok Khandelwal’s 59860 equity shares of M/s. Khandelwal Laminates Ltd. at nominal value per share of Rs. 10/-;
o. Late Sh. Ashok Khandelwal’s 56900 equity shares of M/s. J.J. Chemifoam Pvt. Ltd. at nominal value per share of Rs. 10/-;
5. The other estate, not mentioned in and bequeathed by the alleged Wills dated 14.12.2007 and 20.10.2011, to the knowledge of the plaintiff, comprises of:
Immovable Properties
A. 28/195, Mansha Devi Raj Mandi, Agra; B. Other properties in use by M/s. JJ Foams Private Limited and M/s. Khandelwal Laminates Private Limited.
Movable Properties:
C. Savings Bank Account no. 00261000112286, HDFC Bank, Old Rajinder Nagar Market Branch;
D. Savings Bank Account no. 2071193001604, HDFC Bank, New Rohtak Road, New Delhi – 110005;
E. Savings Bank Account no. 20711000003210, HDFC Bank, New Rohtak Road, New Delhi – 110005;
F. Savings Bank Account no. 20711000003227, HDFC Bank, New Rohtak Road, New Delhi – 110005;
G. Demat Account bearing customer ID no. 14575937, HDFC bank
H. Demat Account bearing customer ID no. 16608494, HDFC bank
I. DP ID no. IN 301549 and client ID no. 34834721
J. DP ID no. IN 301549 and client ID no. 37136155
K. DP ID no. IN 301549 and client ID no. 37136202
L. HDFC fixed deposit account no. 50300050687654
M. Approx. 20% Equity shares in JJ Foams Private Limited, bearing CIN no. U74899DL1972PTC006086, having its registered office at 5C/15, new Rohtak Road, New Delhi – 110005.
N. Approx. 21.4% Equity shares in Khandelwal Laminates Limited, bearing CIN no. U24119DL1987PLC028448, having its registered office at 324, Jagriti enclave, Vikas Marg, Delhi – 110092;
O. Lockers in SBI, New Rohtak Road branch;
P. Lockers in HDFC Bank, Sarai Rohilla Branch.”

11. In reply to this application, apart from relying upon the Will of the mother, it is not answered as to whether the other properties did or did not belong to the mother. Under such circumstances,  the Court does not find any necessity to send the matter to trial in respect of those assets which are not governed by the Will. Thus, either through the Will or otherwise, the three daughters are entitled to one-third share each in the entire estate of their mother. 
12. Accordingly, a preliminary decree is passed declaring each of the daughters of late Smt. Manju Khandelwal as one-third owners of the estate of the mother. 
13. The decree sheet be drawn accordingly. Insofar as the actual partition by metes and bounds or by valuing the assets is concerned, this Court appoints Mr. Rishi Manchanda (Mob. No. 9911681178) as a Local Commissioner to confer with the parties and to submit a report as to the manner in which the assets would be divided either physically or in terms of value. 
14. The fee of the Local Commissioner is fixed at Rs.3,00,000/- lump sum, Rs.1,00,000/- to be borne by each of the daughters. If any of the properties are to be put to sale, the Local Commissioner is free to take steps in accordance with law. 
15. Ld. Counsel for the Plaintiff does not press the application under Order XXXIX Rule 2A CPC.
16. Accordingly applications bearing no.-I.A. 14738/2022 and I.A. 13089/2023are disposed of.
17. List for receiving the Local Commissioner’s report on 1st August, 2024. Parties shall appear either physically or virtually along with their ld. Counsels before the Local Commissioner on 6th March, 2024.

PRATHIBA M. SINGH
JUDGE
FEBRUARY 01, 2024
mr/ks

CS(OS) 258/2022 Page 1 of 8