Quick Summary: A family property dispute in New Delhi takes an unexpected turn as the High Court cancels an initial decision, bringing the case back to the beginning.
On August 29, 2018, Smt. Sushma Jain filed a case to claim ownership, divide, and address other issues related to family property. This was against several family members, including Mr. Kamal Kant Jain. The case was heard in the High Court of Delhi.
The first decision was to split the property equally among all family members of Late Smt. Jaiwanti Jain. This meant each family member, including the father, would get a 1/7th share. However, Kamal Kant Jain argued there was a family agreement that needed to be considered.
"Lawyers for Sushma Jain and Kamal Kant Jain...say they agree to an initial decision..."
Kamal Kant Jain claimed there was a family agreement from November 18, 2011. This handwritten note was signed by several family members but not by the father or Sushma Jain. The court noted that for such an agreement to be valid, all family members must agree and sign.
"Since the family agreement is written, no spoken evidence can be given..."
On November 27, 2025, Judges Anil Kshetarpal and Harish Vaidyanathan Shankar decided that the initial decision was not valid. The case was sent back to a Single Judge for a new decision, as the first decision was made without proper evidence.
"The way the initial decision was made is not recognized by the law."
The final decision based on the initial one was also canceled. The parties were instructed to appear before the Single Judge on December 9, 2025, to start the process over again.
This case shows how family arguments over property can become complicated, especially when informal agreements are involved.
