Indu Singh Vs Surender Kamboj & Ors
Delhi High Court
Date of Decision-10th November,2020
Sub: Family settlement- Dispute regarding properties-whether individual property or joint family property

The Delhi High court in the above case was dealing with the case of the appellant that 3 immovable properties which were subject matter of partition earlier were her individual properties and this fact was admitted in another case related the partition for which the appellant now filed an application under Order XII Rule 6 of the CPC for a judgment on admission contending inter alia that the respondent has himself admitted that there was no HUF and it is only the coparcenary which governs the family and therefore, the properties which are in the name of the appellant, cannot be available for partition. The single bench from which the appeal went to the division bench had dismissed the appeal on the basis that the properties have been purchased in the names of one or the other member of the family and that the properties were purchased in the name of the appellant from the joint family funds and there was no unequivocal or categorical admission made in favour of the appellant which would entitle her to a judgment on the basis of admissions in the plaint or replication. The court in this case noted in detail the purpose of Order 12 Rule 6 of the CPC to enable the Court to pronounce the judgment on admission when the admissions are sufficient to entitle the plaintiff to get the decree, inasmuch as such a provision is enacted to render speedy judgments and save the parties from going through the rigmarole of a protracted trial. The admissions can be in the pleadings or otherwise, namely in documents, correspondence etc. These can be oral or in writing. Finally the court held that it had not been held out /demonstrated by the appellant that the property was not purchased by joint family funds but her individually and thus the appeal was dismissed.

These disputes are now common these days and it is seen that the properties are purchased in names one or more members from the joint family funds and later on disputes arise. It is therefore most important to have the family succession planning from day one to avoid disputes like these.

Ramesh Patodia
12-11-2020