Ashwin Balubhai Bhatt vs State & Ors.
2009 Latest Caselaw 3118 Del

.*         HIGH COURT OF DELHI : NEW DELHI

+          I.A. No.11866 /2007 & Test Case No.6/2004

                                  Reserved on:     31st July, 2009

%                                 Decided on:        11th August, 2009

Ashwin Balubhai Bhatt                            ...Petitioner
                   Through : Mr. Manish Jha, Adv. with
                             Mr. Divyam Aggrwal, Adv.

                      Versus

State & Ors.                                             ....Respondents
                      Through : None
Coram:

HON'BLE MR. JUSTICE MANMOHAN SINGH

1. Whether the Reporters of local papers may
   be allowed to see the judgment?                                   No

2. To be referred to Reporter or not?                                No

3. Whether the judgment should be reported                           No
   in the Digest?

MANMOHAN SINGH, J.

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 25 th 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. The Trust will have to incur expenditure on the stamp duty

and the registration charges at the time of transfer, and also if the Trust

sells the property at a later stage. The sale consideration would also be

subject to capital gains tax if the property was sold after receiving it

from the administrator and benefit intended to the Trust would be

reduced substantially.

4. 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-1100 05 and thereafter to transfer/remit

the sale consideration to „Dewang Mehta Foundation Trust‟.

5. In the valuation report of the Chief Revenue Controlling

Authority dated 30th June, 2004 the property has been assessed to

Rs.20,24,025/-. In compliance of order dated 3rd November, 2008, the

petitioner filed an affidavit on 6th December, 2008 alongwith the

inventory of properties, credits and assets left by the deceased wherein

the said property was valued at Rs.2,50,000/- only.

6. The legal heirs of the deceased have already given their

consent for the transfer of estate of the deceased to the Trust and also

subsequently when the estate was in the process of being administered.

Copies of the no-objection/consent letter issued by the legal heirs to the

administrator recording their consent to the transfer of the estate to the

Trust is also placed on record.

7. In view of the above, I allow the application. The

applicant/petitioner is allowed to sell/dispose of the property only after

obtaining the latest valuation report of the Chief Revenue Controlling

Authority. Copy of the same shall be filed by the plaintiff before this

court. The total sale consideration shall be remitted to the Trust

immediately after the sale of the property.

List the matter before the Court on 21st December, 2009 for

awaiting the report.

MANMOHAN SINGH, J AUGUST 11, 2009 SD