ARTI GHOSH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner invokes the writ jurisdiction of this Court under Article 226 of the Constitution of India, 1950, seeking directions to the respondent No.2/DDA 'Delhi Development Authority' to carry out mutation and convert the property bearing No. 224, Tagore Park, Delhi-110009 (hereinafter referred as the 'subject property') in the name/favour of the petitioner on the basis of registered Will dtd. 5/5/2004 executed by the erstwhile lessee/allottee, namely late Shri Bishwanath Das (hereinafter referred as the 'allottee/testator').

(2.) Shorn of unnecessary details, evidently the subject property was allotted to the allottee/testator, who executed a registered Will dtd. 5/5/2004 in favour of the petitioner, thereby bequeathing to the petitioner all of his movable and immovable assets including the subject property upon his death. During the lifetime of the allottee/testator, he also applied for conversion of the subject property from leasehold to freehold, upon which the respondent No.2/DDA sought deficient documents i.e. Form 'C" and 'D" with regard to the sanction plan of the subject property. The same was replied by the allottee/testator to the effect that documents sought were lost and NCR 'Non-Cognizable Report' No. 1979/2013 dtd. 16/9/2013 registered with Police Station Mukherjee Nagar, Delhi, was attached with the reply.

(3.) However, before any action could be taken, the allottee/testator passed away on 12/12/2013, and the petitioner, on the basis of the aforesaid registered Will dtd. 5/5/2004, applied for mutation as well as conversion of the subject property in her name by submitting all the relevant documents. Although mutation of the subject property was carried out in favor of the petitioner in the house tax records maintained with the MCD 'Municipal Corporation of Delhi", there was an inordinate delay on the part of the respondent No.2/DDA in carrying out the mutation upon the death of the allottee/testator ; and eventually the petitioner received a letter dtd. 7/1/2015 to the effect that she should submit a 'Letter of Administration and/or a decree of declaration' from the competent Court of law with regard to her identity as a legatee and her entitlement over the subject property left behind by the deceased sub-lessee/allottee.