Dispute Resolution & Arbitration Monthly Update | January 2024

Manu Gupta v. Sujata Sharma

Delhi High Court | 2023 SCC OnLine Del 7722

Background facts

• The Appellants and Respondents of this case are the descendants of Late Shri DR Gupta, son of Late Shri Sunder Gupta, who expired on October 01, 1971. They are Hindus and are governed by the Mitakshara law. Late Shri DR Gupta had constituted a Hindu Undivided family (HUF) Business known as 'DR Gupta and Sons HUF' on January 05, 1963 comprising of himself and his five sons, namely Late Shri KM Gupta, Late Shri MH Gupta, Late Shri RN Gupta, Late Shri BN Gupta and Late Shri JN Gupta, as members.
• Late Shri DR Gupta had voluntarily executed an Affidavit dated January 05, 1963 declaring that all his properties shall belong to the HUF, of which he will be the Karta with right of survivorship and all other incidents of undivided coparcenary on his wife and his five sons. DR Gupta's properties included an immovable property which was in Delhi and moveable properties which