9911796707
TMI Blog2000 (3) TMI 1099X X X X Extracts X X X X X X X X Extracts X X X X ..... 63/93. 2. It is stated in the writ petition that late Sh. Muni Lal was the owner of the plot of Land being No. E-39, East of Kailash, Residential Scheme, New Delhi. It is alleged that the petitioner was adopted by deceased Sh. Muni Lal vide deed of adoption dated 27.10.1969 which was duly registered in the Office of the Sub-Registrar. It was also alleged that the deceased Sh. Muni Lal left behind a registered will dated 12.3.1969 in favor of the petitioner. Sh. Muni Lal died on 29.5.1972 at Delhi, subsequent in which in the year 1973 the petitioner made an application to the DDA for mutation of the aforesaid plot in her favor on the basis of the registered will as also the registered adoption deed. Several communications thereafter were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the deceased Muni Lal was the uncle (mausa) of the petitioner and he had no daughter of his own and so he adopted the petitioner as a daughter. By virtue of adoption deed dated 27th October, 1969 she was adopted as the daughter and became a family member of the deceased under the law and, Therefore, was covered by the definition of the family member in terms of the notice published in the Statesman dated 22.10.1990 and was entitled to get mutation of the above plot in her favor on the basis of the registered will dated 12.3.1969 after the death of her father late Sh. Muni Lal in accordance with the policy guidelines of the respondent/DDA. 4. The respondent/DDA has contested the aforesaid petition by filing a counter affidavit conten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g disputed by other legal heirs of the deceased Muni Lal. Therefore, a dispute has arisen in respect of legality of the title. In view of such a dispute the respondent has directed the petitioner to approach the Civil Court to obtain a probate in respect of the will so that action could be taken in terms of the request of the petitioner. 6. Counsel appearing for the petitioner further submitted that in Delhi it is not necessary to have the will probated, for on the basis of the registered will itself the property could be mutated in favor of the petitioner. In respect of the aforesaid submissions of the counsel appearing for the petitioner it is suffice to refer to a decision of a Division Bench of this Court in C.W.P. No. 3696/1992 disp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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