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2018 (7) TMI 2103 - HC - Indian LawsPartition of suit property - owner of first and second floor with terrace rights of the suit property - entitlement to partition and declaration sought or not - suit barred by law or not. Whether the plaintiff is the owner of first and second floor with terrace rights of the suit property bearing number F-10, East of Kailash, New Delhi? - HELD THAT:- Though Shanti Swaroop, who was defendant No.1 in CS(OS) No.3/1992 has died and has been substituted by Madhu and Anil, but Satish, even after the demise of Shanti Swaroop, has not claimed partition of the said property as an heir of Shanti Swaroop. Thus, the need to put CS(OS) No.3/1992 to trial, for partition of the property amongst Satish, Anil, Sunil and Madhu as heirs of Shanti Swaroop, who admittedly was the sole owner of the property, is not felt. What perhaps prevailed, while reserving order was, if it were to be held that ISKCON, under the document, is not entitled to the entire property, it is not entitled to seek Letters of Administration. However, it was lost sight of that even if ISKCON were to be not entitled to the entire property, it is in any case entitled to 20% share in the sale proceeds of the property and since none of the other beneficiaries under the document have sought Letters of Administration, ISKCON, even as one of the beneficiaries, is entitled to apply therefor. I would however implore the counsel for ISKCON to consider, whether in view of aforesaid aspects, a proceeding seeking Letters of Administration is the most appropriate proceeding for adjudication thereof or some other expeditious proceeding, where adjudication of all such aspects can be made, is to be initiated, so that valuable time is saved. Even if the document is proved to be the Will of Shanti Swaroop, another proceeding should not be required to determine the aforesaid aspects. Application dismissed.
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