AROTI DAS Vs. UOI

JUDGEMENT

(1.) Issue Rule. Mr. Gaurav Duggal, learned counsel waives notice of Rule. With consent of parties, the matter was heard finally.

(2.) The petitioners seek directions against Land and Development Officer (hereafter referred to as 'Land DO') for substitution of leasehold rights in their favour.

(3.) Sh. Jyotirmoy Das was owner of properties bearing No. F-1144, Chitranjan Park, New Delhi-110019 as well as 9/6668, Dev Nagar, Karol Bagh, New Delhi. He remained single and unmarried during his life time. He drew a Will on 8.10.1994 bequeathing all his assets including the said two properties to his adopted son (none other than his nephew i.e. the son of a younger brother, the second petitioner) as well as his sister-in-law. A life interest was created in favour of the first petitioner, the sister-in-law and thereafter the properties devolved in favour of the second petitioner i.e. the adopted son/nephew. The testator (hereafter referred to as 'Sh. Das') died on 22.10.1996. The petitioners i.e. the legatees approached the District Judge on 24.10.1997 claiming probate of the Will. After following due process of law, the Court granted letter of administration in Case No. 328/1997 on 22.5.1998. The requisite court fee was paid, according to valuation of the properties; thereafter the petitioners applied for a formal order of mutation in their favour with the Municipal Corporation of Delhi which granted the request. They requested for transfer of leasehold rights in their favour as successors of late Sh. Das, to the respondent LandDO.