PARITOSH KUMAR DEY Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India challenging inaction on the part of the Tehsildar, Rangat, Middle Andaman, in refusing to mutate the names of the petitioners in relation to the disputed properties.

(2.) THE properties, admittedly, belonged to Sushanto Kumar Dey. He purportedly executed a will, which was registered on December 3, 2004, allegedly bequeathing his estate in favour of his three sons. The said Sushanto Kumar Dey died on April, 20, 2005 leaving behind him his six daughters and three sons. His wife is, already, dead.

(3.) THEREFORE , the writ petition is dismissed. However, it will be open to the legatees to approach the competent court of law for declaration of their right in relation to the properties-in-dispute on the strength of the will in presence of the other natural heirs.