- (1.) It is, indeed, unfortunate that siblings are fighting for right of ownership over properties left behind by their mother, Smt. Mrinalini Devi.
(2.) Dispute with regard to properties described in Schedules A,C and D and B and E appended to the Plaint, between real sister, deceased Uma Shashi Devi and her brother Sudhangshu Kumar Banerjee, has come to this Court for deciding as to whether properties as mentioned hereinabove in the Schedules have fallen exclusively to the share of brother or part of it has fallen to the share of sister. Facts shorn of unnecessary details are mentioned hereinbelow: Original plaintiff (sister) Uma Sashi Devi (since dead) filed a suit for declaration of a Title to the properties described in Schedule A, C and D and for partition of other properties described in schedule B and E, left behind by their mother Smt. Mrinalini Devi (against her real brother) Defendant Sudhangshu (also dead). During the pendency of the matter, as described hereinabove, sister and brother both have died but for the sake of convenience, they would be described as Plaintiff (sister) and Defendant (brother). Even though original parties to the Suit are dead but no peace could be made with the legal representatives. Original deceased parties are now being represented by their legal representatives.
(3.) Plaintiff filed a Title Suit No. 26 of 1973 in the 1st Court the Subordinate Judge, Hooghly, against Defendant, mentioning therein that all the disputed properties originally belonged to Smt. Mrinalini Devi, their mother. Thus, the Plaintiff would also have a share in the same. Smt Mrinalini Devi died on 5.5.1971 at Chandernagore in the District of Hooghly. According to the Plaintiff, during her life time, she settled some of the properties described in Schedules A,C and D appended to the plaint, with the plaintiff by executing two registered Deeds of Settlement on 22.02.1961. Properties described in Schedules B and E remained as her personal properties. On her death, these properties were inherited jointly by plaintiff and defendant as her legal heirs. According to plaintiff, after the death of her mother on 5.5.1971, she became absolute owner of properties shown in Schedule A,C and D but with regard to properties shown in Schedule B and E, she was entitled to claim 50 percent of the same along with her brother Sudhangshu, Defendant to the Suit.;