9911796707
TMI Blog2009 (11) TMI 1025X X X X Extracts X X X X X X X X Extracts X X X X ..... suring 270 sq. mtrs. The contention of the plaintiff is that she is a daughter of late Shri J.K. Myne. Shri J.K. Myne had purchased this plot for a total consideration of Rs. 16,600/- from Delhi Development Authority in 1971. He being preoccupied with various assignments made defendant No. 1 as a nominee and asked DDA to transfer the plot in name of defendant No. 1 in the records of DDA. Thus, the conveyance deed was executed by DDA in name of defendant No. 1. She submitted that the sole purpose of getting the plot transferred in name of defendant No. 1 was that she would manage and take care of the property however the property actually belonged to Shri J.K. Myne. Shri J.K. Myne raised construction over the plot out of his own funds during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mother/defendant No. 1 in fact had already entered into an agreement to sell the property in question with one Mr. Satya Bhushan Kaura, being the owner of the property by virtue of a conveyance deed dated 14.11.1975. The agreement to sell the property was entered into with Shri S.B. Kaura on 13.4.2004 for a sum of Rs. 99 lac and her mother received Rs. 7 lac as advance/earnest money and Rs. 2 lac thereafter to clear her liability towards electricity charges, house-tax and to get the suit property converted from leasehold to freehold. A revised agreement to sell was again entered into by defendant No. 1 with Mr. S.B. Kaura on 6.4.2005 where the consideration was revised from Rs. 99 lac to Rs. 1,27,00,000/-. As defendant No. 1 had already rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y and not the property of defendant No. 1, shows that defendant No. 1 was an absolute owner of the property to the exclusion of everyone else. Her husband who remained alive for 22 years, after 1975 only treated her as the sole owner of the property. The plaintiff herself, even after attaining the age of majority did not claim any share in the property either from her father or from the mother. She was married off in 1997 and even after 1997 she did not file a suit within limitation period seeking declaration that the property standing in the name of her mother was not actually the property of her mother but was the property of her father in which she had a right of inheritance. The timing of suit and making only three defendants i.e. her m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... avoid payment of Court fee under any circumstances. She has claimed that the property was worth Rs. 1,50,00,000/- and she has claimed 1/4th share in the property valued at Rs. 37,50,000/-. She was therefore obliged to pay Court fee on sum of Rs. 37,50,000/-. She could not have valued the suit for the purpose of Court fee at Rs. 200/- and for the purpose of jurisdiction at Rs. 37,50,000/-. I therefore consider that the valuation done by her in respect of partition of her share is not as per law and she cannot be considered to be in part possession of the property merely on the basis of an assertion without there being any document showing her prima facie possession. The suit has also not been properly valued for the purpose of declaration. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3(2) of the Act would show that the law presumes that if the property is purchased in the name of wife or unmarried daughter, the property has been purchased for benefit of the wife and unmarried daughter. It only means that if a property is purchased in the name of wife it is for her benefit and she becomes the absolute owner of the property. It does not mean that the property would still remain a benami property of the husband and every other legal heir of the husband would have a share in the property. Section 14 of the Hindu Succession Act, 1956 makes it further abundantly clear that if any property is possessed by a female Hindu whether it is acquired before or after the commencement of Act it shall be held by her as full owner and no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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