Delhi HC allows man to enter his deceased brother's property occupied by servant

Delhi High Court on Wednesday allowed a man to enter his deceased brother's property and occupy the same in Kailash Hills in South Delhi, which had been illegally occupied by his brother's domestic help.

The High Court was hearing the petition filed by Rohinton Edalji, who told the court that upon the death of his brother Hoshang when he went back to the property the domestic help of his brother did not permit him to enter it.

After the death of Hoshang Edalji on March 29, 2018, disputes arose between his brother Rohinton and domestic help Babulal, who was working as the domestic help of Hoshang Edalji and residing at the servant's quarter on the terrace of the suit property.

The domestic help had claimed that no family member was continuously residing with the deceased. He also cited an alleged will dated September 15, 2017, and filed a probate petition.

The deceased's brother Rohinton had moved the trial court which had dismissed his plea seeking the appointment of a curator of the property. Thereafter, he challenged the trial court's order in the High Court. The court said that Rohinton cannot be deprived of the enjoyment and occupation of a property, which belonged to his family.

"It would be completely inequitable and unjust to exclude the petitioner from a house in which he prima facie owns 37.5 per cent share. Moreover, a reading of the will does not inspire any confidence. Details of the two attesting witnesses are not given. It is also not clear as to whether they are genuine witnesses or not," Justice Prathiba M Singh said.

The High Court passed the directions that the suit property ought to remain with the Edalji family until the decision in the probate petition and he is permitted to enter the suit property and occupy the same.