ASHWIN BALUBHAI BHATT Vs. STATE AND ORS.

JUDGEMENT

(1.) THE present application being IA No. 11866/2007 under Section 307 of Indian Succession Act, 1925 has been filed on behalf of the administrator for permission to sell the immovable property being House No. 7A -12, Western Ext. Area, Karol Bagh, New Delhi -1100 05. Vide order dated 25th May, 2005 this Court granted the probate in favour of the petitioner directing the administration of the property and credit of the deceased Dewang Mehta as detailed in the attached Schedule -I of the probate petition to the petitioner/applicant.

(2.) AS per the directions contained in the order dated 25th May, 2005, the entire estate left behind by the deceased has to be settled in favour of the public charitable trust namely 'Dewang Mehta Foundation' ("Trust"). It is stated in the application that the Trust has informed the Administrator that the abovesaid immovable property is of no use for the Trust and it is also not possible for the Trust to maintain the same. The physical condition of the house is in a very poor state which will require large amount of funds to renovate and to further maintain the property.

(3.) IN the above circumstances, it is prayed that the petitioner be permitted to sell the property bearing House No. 7A -12, Western Ext. Area, Karol Bagh, New Delhi -110005 and thereafter to transfer/remit the sale consideration to 'Dewang Mehta Foundation Trust'.