SURANDER KUMAR BHASIN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) A perpetual sub-lease deed was executed on 15.1.1973 in favour of one Smt. Maya Wanti in respect of property A-176, New Friends Colony, New Delhi. Smt. Maya Wanti passed away on 21.1.1983 and prior to her demise executed a registered Will dated 22.7.1982 bequeathing the said property in favour of Shri Kundan Lal Bhasin who was also the nominee of Smt. Maya Wanti in the records of the society. Shri Kundan Lal Bhasin was the son of Shri Mahesh Das Bhasin. Smt. Maya Wanti was the wife of Shri Gokul Chand Bhasin. Shri Mahesh Das Bhasin and Shri Gokul Das Bhasin were brothers. Thus bequeath was made in favour of her husband's nephew.

(2.) Shri K.L. Bhasin also passed away soon thereafter on 17.3.1983 and prior to his demise had executed a Will dated 1.2.1983 bequeathing the said property jointly in favour of the petitioners, his sons with a lifetime interest in favour of his wife. After the demise of Shri Kundan Lal Bhasin, Smt. Kamla Rani Bhasin, his wife applied to DDA for transfer of plot in her name. This request was not accepted in terms of letter dated 23.6.1988 by the respondent stating that since the Will has been made outside the purview of the blood relation of the sub- lessee and the policy decision in respect thereof has not been finalised, the case would be examined after the policy guidelines are received in this regard. Smt. Kamla Rani Bhasin also passed away on 3.7.1988.

(3.) The petitioners applied for grant of probate of the Will dated 1.2.1983 in Probate Case No. 140/1991. This Will was executed by Shri Kundan Lal Bhasin, father of the petitioners. The consequences of the Will dated 22.7.1982 of Smt. Maya Wanti was also considered in the same probate proceedings. The petitioner also applied for letters of administration. The probate was granted on 13.1.1992 and the letter of administration was issued on 27.2.1992.