Delhi High Court
Neeraj Agarwal vs North Delhi Municipal ... on 27 January, 2022
$~4
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 27.01.2022
+ W.P.(C) 12798/2021
NEERAJ AGARWAL ..... Petitioner
versus
NORTH DELHI MUNICIPAL CORPORATION & ANR.
..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Subhash C.Jindal, Advocate.
For the Respondent: Ms. Sakshi Popli, Advocate.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondents to mutate property
bearing No.3313 & 3365, Ward IX, Kucha Kashgari, Sita Ram Bazar,
Delhi-110006.
3. It is an admitted position that subject property was owned by late
Smt. Prem Wati who expired on 03.04.1998.
4. She executed a registered Will dated 01.03.1993 bequeathing subject
properties to one of her daughters Ms. Shashi Prabha Agarwal and one of
her sons Mr. Lalit Kumar Gupta.
5. As per the petitioner Ms. Shashi Prabha Agarwal expired on
Signature Not Verified
W.P(C) 12798/2021 Digitally Signed 1
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:27.01.2022
Signing Date:28.01.2022 08:48:12 22:46
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
11.03.2004 and Mr. Lalit Kumar Gupta expired on 29.01.1996. As per the
petitioner, Ms. Shashi Prabha Agarwal was married to Mr. A.K.Agarwal
who expired on 03.06.2017 leaving behind the petitioner and his sister, Mrs.
Sangeet Shivam. Further, as per the petitioner Mrs. Sangeet Shivam
registered a relinquishment deed dated 22.05.2018, relinquishing her entire
share in favour of the petitioner, Mr. Neeraj Agarwal in the said properties.
6. The respondents on the application for mutation filed in 2019,
required the petitioner to furnish the following documents:-
i. Clearance of up to date property tax;
ii. NOC from all legal heirs;
iii. Family tree of maternal side;
iv. Partition Deed;
v. Registered Original Will.
7. Petitioner in response thereto provided NOC from Mrs. Sangeet
Shivam and the legal heirs of Mr. Lalit Kumar Gupta.
8. Learned counsel for the respondent submits that NOC was required
from the legal heirs of Smt. Prem Wati because she is the recorded owner as
per their records. She further submits that since the petitioner failed to
provide the NOC of legal heirs of Smt. Prem Wati in accordance with the
deficiency letter dated 13.12.2019, the online application has already lapsed
and petitioner would have to apply afresh.
9. Learned counsel for the petitioner submits that petitioner shall be
making a fresh application for mutation and shall be furnishing the receipt
of upto date property tax payment, NOC from all the legal heirs of Smt.
Prem Wati along with the certified copy of the registered Will and shall also
produce the original Will for inspection, if so demanded by the Corporation.
Signature Not Verified
W.P(C) 12798/2021 Digitally Signed 2
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:27.01.2022
Signing Date:28.01.2022 08:48:12 22:46
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
10. Since Smt. Prem Wati was survived by three daughters and three
sons there would be no requirement of providing a family tree of the
Maternal side of Smt. Prem Wati, particularly when she is alleged to have
bequeathed the subject property to some of her class I legal heirs and is
survived by other class I legal heirs.
11. In view of the above, this petition is disposed of permitting the
petitioner to make an application for mutation afresh in accordance with
law. Petitioner shall comply with the requirements of the respondents and
provide requisite NOC from the other legal heirs of Smt. Prem Wati as well
as the certified copy of the original Will and shall also produce the original
Will for inspection as and when demanded by the officers of the
Corporation. Petitioner shall also produce the property tax receipt of upto
date tax payment.
12. On such an application being moved and being found in order,
respondent Corporation shall expeditiously process the same and dispose of
the same in accordance with law.
13. Copy of the order be uploaded on the High Court website and be also
forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J.
JANUARY 27, 2022/rk
Signature Not Verified
W.P(C) 12798/2021 Digitally Signed 3
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:27.01.2022
Signing Date:28.01.2022 08:48:12 22:46
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
