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Bina Arora vs. Sunil Kumar Arora & Ors.

Regular First Appeal · 2026:DHC:8014Decided 18 Sept 2026New Delhi Bench
RFA 1007/2026CNR: DLHC010435362026
Justice Neena Bansal Krishna

Background

A father died intestate in 1988, leaving behind a flat in Naraina Vihar, Delhi that was to be shared equally among his two sons, wife, and daughter. One son (the plaintiff) moved out around 1993 after tensions with the family, while the other son's widow (the appellant, Bina Arora) and her son continued living in the flat. In 2018 the plaintiff formally asked for his share, which was refused, so he sued for partition. The trial court, relying on admissions in the written statement, passed a preliminary decree giving the plaintiff, the widow-and-son jointly, and the daughter one-third share each; the widow appealed, arguing the plaintiff had been "ousted" since 1993 and lost his rights, and that the suit was filed too late.

Decision Breakdown

The High Court held that simply living away from a jointly-owned property for many years does not amount to legal "ouster". A co-owner loses ownership only if the other co-owner's possession was clearly hostile, exclusionary, and to their knowledge, none of which was established here (indeed, the appellant admitted the plaintiff had continued visiting during his mother's lifetime). Since the plaintiff only formally claimed his share in 2018 and was refused, that is when the legal clock for filing his suit started, making the 2019 suit well within time. The Court also noted that a subsequent registered deed by which the daughter had relinquished her share in favour of the plaintiff should be given effect, potentially increasing the plaintiff's share to two-thirds. The appeal was dismissed and the partition decree upheld.

Lesson Learnt

In Indian property law, being physically absent from a jointly-inherited property does not by itself strip a family co-owner of their rightful share. The other occupants must prove they treated the absent owner as clearly and knowingly excluded, not just that they lived there without them.

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