KRISHNA BASRA Vs. M C D

JUDGEMENT

(1.) Ms. Ram Chameli was allotted property No. C-69, Kasturba Niketan Complex, Lajpat Nagar-II, New Delhi by respondent-MCD in accordance with the scheme floated by the Slum and JJ Department of the MCD for redevelopment. Ms. Ram Chameli became entitled to allotment of land measuring 33.58 square meters. In the draw of lots, she was allotted plot No. D-9, Kasturba Niketan Complex, Lajpat Nagar, New Delhi.

(2.) On 10th September, 2003, Ms. Ram Chameli expired and the petitioner-Ms. Krishna Basra being her daughter made an application for recording mutation in her name. The petitioner relied upon a registered Will dated 13th March, 2001 executed by late Ms. Ram Chameli. It is apparent from the original file that the application filed by the petitioner was considered and it was decided to obtain legal opinion. This was necessary as Mr. Dinesh Mehta, Mr. Chetan Mehta and Mr. Sandeep Mehta grandsons of late Ms. Ram Chameli had also filed an application for mutation. The office file reveals that from 3rd June, 2005 till 23rd December, 2005, the respondents were not able to decide whether or not to mutate the property in the name of the petitioner or the grand children due to conflicting claims.

(3.) In the meanwhile, the petitioner herein filed a civil suit for injunction in which the respondents were served. The grandsons of late Ms. Ram Chameli were also parties to the said civil suit. During the pendency of the civil suit, the respondent-MCD by their letter dated 30th January, 2006 informed the petitioner that the property can be mutated in her favour in case the will relied upon is probated from the court of competent jurisdiction or she furnishes no objection certificate/relinquishment deed from the remaining legal heirs of the deceased.