In the court of Civil Judge Sr.
Division Jalandhar
Smt. Prem
Kanta Mohindru Widow of Dr K.C Mohindru R/o Kothi No : 10, Seth Hukam Chand
Colony, Jalandhar.
v/s
1.
Sh.
Rajiv Mohindru S/o Dr K.C. Mohindru
2.
3.
4.
Smt.
Anu Murti D/o K.C Mohindru,
All
residents of Kothi No : 10, Seth Hukam Chand Colony, Jalandhar
Suit for declaration to the effect
that the plaintiff is the owner in possessionon the basis of WILL dt 08.05.2009
executed by her husband of the kothi having No : 10, Seth Hukam Chand Colony,
Jalandhar bounded as under
East : Kothi No 9.
West : Kothi No : 11
North : Kothi No : 13
South : Road
Situated at Seth Hukam Chand Colony Jalandhar
And
The property situated
in village Nijjran, Tehsil Jalandhar as per Jamabandi 2004-05 Khevat No :
215/208, Khasra No: 20//9/2 (1 Kanal 11 marlas), 10(5 Kanal 16 Marlas), 11 (7
Kanal 7marlas) Kitta 3 meauring 14 Kanal 14 marlas out of this land total land
4 kanal 7.5 marlas vide sale deed dt 27.07.2010 out of which 3/5 share of the
property that is 4 Kanal 7.5 marlas as per WILL dt 08.05.2009
Sir,
It
is submitted as under :-
1. That the plaintiff is the widow of
Dr. K.C Mohindru since deceased copy of the death certificate is attached.
2. That the husband of the plaintiff
purchased the property in his name as per sale deed measuring 1 kanal 1 marlas
153 sq feet having kothi No : 10, Seth
Hukam Chand Colony, Jalandhar vide sale deed dt 18.02.1970 having No 2096,
Photocopy of sale deed attached.
3. That the husband of plaintiff Dr K.C
Mohindru purchased another property in village Nijjran vide
4. That Dr K.C. Mohindru husband of the
plaintiff executed legal & valid WILL duly registered in the office of Sub
Registrar Jalandhar, vide Dt 08.05.2009. Photocopy of the same is attached. The
WILL was executed with his free will and without coercions.
5. That in the WILL it was clearly mentioned that the future
property if any purchased by the husband of the plaintiff will be owned and
possessed by the plaintiff i.e his wife.
6. That the defendants were also told by
the plaintiff and even by her husband
prior to his death.
7. That the defendants have totally
refused to admit the WILL in question and had created clouds on the WILL.
8. That the plaintiff requested to
defendants to admit the WILL Dt 08.05.2009.
9. The defendants totally refused and
started claiming their share in the property and clearly stated that the WILL
is waste paper and is not binding upon the defendants.
10. That the acts of the defendants is
illegal, ultra virus and against the law.
11. The defendants are the sons &
daughters of the Dr. K.C. Mohindru.
12. That the cause action arose to the
plaintiff on different dates and finally day for yesterday when the defendants
refused to admit the claim of the plaintiff.
13. That the property is situated at
Jalandhar hence the civil court of jalandhar has jurisdiction to entertain and
decide the suit.
14. That the value of the suit is Rs
500/- is fixed court fee of Rs . 50/- is
affixed on the plaint.
15. That no such suit is pending nor
filed regarding the property in dispute.
It is therefore prayed that suit of plaintiff regarding the
properties I.e. Kothi having No : 10, Seth Hukam Chand Colony, Jalandhar and
the another property situated in village Nijjran, Tehsil Jalandhar as per
Jamabandi 2004-05 Khevat No : 215/208, Khasra No: 20//9/2 (1 Kanal 11 marlas),
10(5 Kanal 16 Marlas), 11 (7 Kanal 7marlas) Kitta 3 meauring 14 Kanal 14 marlas
out of this land total land 4 kanal 7.5 marlas vide sale deed dt 27.07.2010 out
of which 3/5 share of the property that is 4 Kanal 7.5 marlas be passed in
favour of the plaintiff against the defendants.
Plaintiff
VERIFICATION: - Verified that the content of paragraph No. 01 to 12 of this
plaint is base on the personal knowledge and belief of the plaintiff while the
content of paragraph No. 12 to 15 plaint is base on the legal advice given to
me and I believe to this advice to be true and correct.
Verified on this day
of October, 2013 at Jalandhar.
Plaintiff
Through
Neeraj Thakur Advocate
Affidavit
I Prem Kanta
Mohindru Widow of Dr K.C Mohindru R/o Kothi No : 10, Seth Hukam Chand Colony,
Jalandhar do hereby solemnly affirm as under:-
1. That the deponent has filed the
abovenoted Suit for Declaration before this hon,ble court. That the contents of
this plaint from para no 1 to 12 may kindly be read as part and parcel of this
affidavit while the content of paragraph No. 12 to 15 plaint is base on the
legal advice given to me and I believe to this advice to be true and correct in
compliance of the relevant provisions of CPC for filing a suit.
Deponent
Verification
:- Verified that the contents of my above affidavit are true to best of my
knowledge and belief and nothing is concealed there in.
Verified at
Dt. Jalandhar.
Deponent
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