PRANEET SINGH DAVAR & ORS. vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27th January, 2026 + W.P.(C) 8125/2024 PRANEET SINGH DAVAR & ORS. .....Petitioners Through: Mr. Akshay Makhija, Senior Advocate with Ms. Roshni Namboodiry, Advocate. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Ms. Sunieta Ojha & Ms. Vasudha Priyancha, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present writ petition has been filed seeking a direction to the respondent/Municipal Corporation of Delhi (‘MCD’) to mutate/transfer the property situated at A-1, Greater Kailash 1, New Delhi (hereinafter the ‘subject property’), in the names of the petitioners. 2. It is the case of the petitioners that the aforesaid property came to the share of the petitioners in terms of a family settlement. Based on the aforesaid family settlement, a decree was passed by this Court on 12th November, 2020 in CS (OS) 2540/2015, titled “M/s L.S. Davar & Company & Ors. v. Praneet Singh Davar”. 3. The Registry of this Court did not demand stamp duty at the time of preparation of the decree. Subsequently, on 5th April, 2021 the aforesaid Signature Not Verified Signed By:DHARMENDER W.P.(C) 8125/2024 Page 1 of 10 SINGH Signing Date:31.01.2026 19:13:13 decree was registered by the concerned Sub-Registrar without levying any stamp duty (page nos. 30-33 of the documents filed along with the petition). 4. On 21st January, 2021, the petitioners filed an application before the respondent/MCD seeking mutation of the property on the basis of the aforesaid decree. 5. The respondent/MCD raised an objection vide its communication dated 22nd March, 2021. The relevant extracts from the aforesaid letter with regard to the objection relating to the transfer duty and stamp duty is set out below: