SH.GULZAR AHMED vs NORTH DELHI MUNICIPAL CORPORATION & ANR.

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15th January, 2025 + W.P.(C) 128/2022 SH. GULZAR AHMED .....Petitioner Through: Mr. Anis Ahmed, Advocate along with Petitioner in person. versus NORTH DELHI MUNICIPAL CORPORATION & ANR. .....Respondents Through: Ms. Sunieta Ojha, Standing Counsel with Mr. Rajeev Kumar Pandey, Ms. Vasudha Priyansha and Ms. Vinita, Advocates CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) 1. This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India laying a challenge to impugned order dated 08.11.2021 whereby Respondents have rejected the application of the Petitioner for e-change of name/mutation with respect to property bearing House No. 988, Haveli Bakhtawar Khan, Madarsa Hussain Bux, Matia Mahal, Jama Masjid, Delhi (‘subject property’), on the ground that the Gift Deed by which the property has been transferred is not a valid instrument in the absence of registration and stamping. 2. It is the case of the Petitioner that late Sh. Abdul Nazeer purchased the subject property on 05.12.1963 by a duly registered Sale Deed from its Signature Not Verified Digitally Signed W.P.(C) 128/2022 Page 1 of 5 By:KAMAL KUMAR Signing Date:24.01.2025 12:51:18 erstwhile owner. He did not have a child and therefore, a Will was executed by him on 28.04.1983 in favour of his wife Ms. Tanveer Begum bequeathing the property to her. Will was duly witnessed and signed by his two brothers. Legal heirs of the two brothers filed a partition suit bearing No. 410/1995/01 on 14.03.2001 against Ms. Tanveer Begum and also challenged the Will. The suit was dismissed on 09.03.2004 holding Ms. Tanveer Begum to be the absolute owner of the subject property and appeal was dismissed by t