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Judgment
The parties have produced the identity proof which are taken on record.
We have heard both the parties in person.
The dispute is between the family members. Both the brothers are present.
Looking to the age of the mother, the property which is in dispute as per the appellant himself, the value of which comes to Rs. 36,00,000/- (thirty six
lacs) and as per the law, his share in ancestral property is 1/3rd looking to the fact that he is legal heir alongwith the mother and two sons.
Out of total value of property, the share of the appellant will come to Rs. 12,00,000/- (twelve lac) which will be paid by Manoj Kumar (son of respondent-mother) for which he agreed to pay within a period of three months from today i.e. on or before 25th August, 2018.
The amount will be deposited before the Court where Civil Suit is pending namely Civil Judge, Beawar in Civil Suit No. 22/2015 which is filed by the Pawan Kumar against the mother. If the amount is deposited within the said period, the trial court will pass appropriate order and will hand over the possession of whole property in favour of Manoj Kumar and mother’s share will be kept in the mother’s name. Further amount of Rs. 12,00,000/- either will be deposited by way of Fixed Deposit and interest thereon will be given to the mother by Manoj Kumar every month which will be as a maintenance of her during the life time. After the death of the mother, the share of mother will also go to Manoj Kumar and he will be the owner of the property pursuant to the decree of the Civil Court.
Manoj Kumar will file undertaking before this Court that he will deposit Rs. 12,00,000/- within a period of three months from today. If he fails to deposit the amount within the said period before the trial court, it will amount to Contempt of Court.
In view of the above, the parties are directed to abide the order passed by this Court.
In the meantime, the appellant will not vacate the premises till 15th August, 2018, even if the amount is deposited prior to that, the Trial Court is directed to allow to withdraw the amount only after peaceful possession of the premises is handed over to the respondent or the same is handed over in the presence of Court Commissioner to the mother.
The Trial Court is also directed to draw decree after deposit of Rs. 12,00,000/- by the respondent and allow to withdraw the amount by the appellant after peaceful handing over of possession of the property.
With the above directions, this appeal stands disposed of.
The decree will be drawn accordingly.