HC allows man to enter in family property possessed by servants

The Delhi High Court allowed a man to enter in a property, belonging to his family and where his brother was living before his death, saying it was unfortunate that a property dispute has arisen as no family member was continuously residing with the deceased.

After the death of the man's brother, the dispute arose on the alleged will executed by the deceased.

While the man claimed that after the death of his brother, he was an absolute owner of the property, the deceased' servants claimed that a will was executed in their favour and they did not allow the man to enter in the house.

Justice Prathiba M Singh said it would be completely inequitable and unjust to exclude the petitioner man from a house in which he prima facie owned 37.5 per cent share.

The high court was hearing a petition, challenging the trial court's order which had dismissed a plea by the deceased's brother seeking appointment of a curator of the property.

He has also filed a probate petition seeking probate of the 'will' and the plea is pending in the trial court.

"This court, is of the clear opinion that the petitioner that is, the brother of the deceased and the son of the original owner, cannot be deprived of entering and occupying the suit property. The Respondents were the domestic help of the deceased and cannot convert themselves into owners of the suit property, especially since their rights are yet to be established in the probate petition," it said in its order.

Justice Singh said, "It is unfortunate that such a circumstance has even arisen, due to the fact that no member of the family was continuously residing with the deceased. The siblings of the deceased, having settled abroad, the deceased may have given some control of the suit property to the Respondents, who were residing in the servant quarter in the property, however, that cannot convert them into owners of the suit property."