JAGDISH KHANDEWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule.

(2.) This writ petition can be disposed of at this stage. Aggrieved by the impugned demand on account of fifty per cent unearned increase, the petitioners have filed the present writ petition. -The Impugned demand has been raised as a condition precedent for recording change of ownership of property No.40, Ring Road, Lajpat Nagar III in favour of the petitioners.

(3.) It is contended by counsel for the petitioners that this property was owned by Smt.Prakash Vij and said Prakash Vij executed a will dated 14/12/92 in respect of each of the petitioners thereby bequeathing l/3rd interest and rights in respect of the property in favour of each of the petitioners." The petitioners being beneficiaries under the said Wi11 filed a petition for Succession Act and on 1/5/96 the District Judge, Delhi granted Letters of Administration under Section 276 and 278 of the Indian Succession Act. It seems that later on some applications were filed by the petitioners for separate Letters of Administration and the Distt.Judge granted separate Letters of Administration for each of the petitioners in respect of their respective wills. After obtaining the Letters of Administration, the petitioners represented to the respondent to record their names in the register of the respondent, however, same was not done by the respondent and finally the impugned communication dated 28/1/2000 (Ann.P-1) was clamped by the respondent on the petitioners.