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by Admin
07 May 2024 2:49 AM
In a significant ruling on May 27, 2024, the Delhi High Court concluded a long-standing family property dispute by approving a comprehensive settlement among siblings. The case, involving the partition of prime real estate in Greater Kailash-II, New Delhi, and farmland in Gurgaon, was settled through mediation and detailed legal proceedings. Justice Prathiba M. Singh's judgment ensures the equitable distribution of assets and the resolution of associated legal liabilities.
The dispute originated with a suit filed by Rashme Bahl against her brothers, Ramnik Wadhera and Rajnish Wadhera, seeking partition and an injunction against creating any third-party interest in two properties: M-131, Greater Kailash-II, New Delhi, and farmland in Gurgaon. The properties were purchased by their parents, Dr. B.L. Wadehra and Smt. Sohini Wadehra, who passed away intestate, leaving the assets to their three children.
The court meticulously reviewed the settlement agreement presented by the parties. Justice Singh noted, "The terms of the settlement are comprehensive and address all major concerns, including the equitable division of property and resolution of financial obligations." The agreement included the sale of both properties and the distribution of proceeds among the siblings.
Justice Singh emphasized the importance of fairness and transparency in the distribution process. "The Plaintiff, Rashme Bahl, has agreed to a lump sum of Rs. 15 crores for her share in the properties, ensuring an equitable resolution," the court noted. The detailed settlement terms outlined the responsibilities of Rajnish Wadhera in managing the sale and resolving all legal liabilities.
The judgment highlighted the necessity of settling outstanding dues, particularly with the Indian Overseas Bank and an individual creditor, Baljeet Singh. The court affirmed, "Defendant No. 2, Rajnish Wadhera, is responsible for negotiating and settling these claims to ensure a clear transfer of title and avoid future disputes."
Justice Singh remarked, "The settlement agreement reflects the parties' willingness to resolve their differences amicably, with provisions that safeguard their respective interests and ensure compliance with legal obligations."
The Delhi High Court's ruling in this family property dispute underscores the judiciary's role in facilitating amicable resolutions while ensuring legal compliance. By approving the settlement and outlining a clear framework for the sale and distribution of assets, the court has provided a precedent for similar cases. This judgment is expected to streamline the resolution of familial property disputes, emphasizing the importance of mediation and equitable distribution.
Date of Decision: May 27, 2024