Court maintains status quo on title and possession of disputed property, questioning the validity of a will and subsequent sale deed.
In a significant decision delivered on January 21, 2026, the Delhi High Court, presided over by Justice Amit Bansal, has ordered the maintenance of status quo concerning the title and possession of a disputed property in Rajouri Garden, New Delhi, until the final adjudication of the case. The court issued this directive in a civil suit filed by Manmohan Kumar, who claimed to be the sole legal heir to the property left by his deceased parents.
The plaintiff, Manmohan Kumar, challenged the validity of a sale deed dated September 19, 1986, which was executed by his late mother, Radha Rani, in favor of Chander Mohan Nayyar. Kumar contended that his mother did not have the absolute ownership of the property to execute the sale deed, as his father died intestate, leaving him as a co-heir. He further alleged that the will purportedly executed by his father in 1981 in favor of his mother was invalid due to lack of proper attestation and registration.
In its analysis, the court found several issues with the purported will, which stated that the testator had no children, despite Kumar being the admitted child of the deceased. The will also lacked the signatures of two attesting witnesses, a mandatory requirement under Section 63 of the Indian Succession Act, 1925, thus rendering it prima facie invalid.
The defendants, on the other hand, claimed ownership based on the contested sale deed and subsequent transactions. However, the court noted that any further creation of third-party interest in the property would cause irreparable loss to the plaintiff, which an indemnity bond could not compensate.
Addressing the defendants' contention that the suit was time-barred, the court observed that whether Kumar was aware of the sale deed before January 2021 is a matter to be established during trial. The court also deferred the issue of possession, noting that it would need to be conclusively determined in the trial phase.
In conclusion, the Delhi High Court's decision to uphold the status quo aims to prevent further complications and potential harm to the plaintiff's claimed rights until a thorough examination of the facts is conducted in the trial. The case is set to be listed before the Roster Bench on March 13, 2026, for further proceedings.
Bottom Line:
Property Law - Suit for declaration of sale deed as void and for injunction - Prima facie view indicates the will relied upon for property transfer is invalid due to non-compliance with mandatory requirements - Status quo on title and possession of property to be maintained till final adjudication.
Statutory provision(s): Civil Procedure Code, 1908 - Order XXXIX Rules 1, 2, and 4; Indian Succession Act, 1925 - Section 63; Limitation Act, 1963; Court Fees Act, 1870.
Manmohan Kumar v. Neelam Khurana, (Delhi) : Law Finder Doc id # 2842076
