Execution of latter of administration
vinod sharma
(Querist) 06 April 2014
This query is : Resolved
THE DELHI COURT HAS GRANTED THE LETTER OF ADMINISTRATION IN MY FAVOUR IN RESPECT OF A PROPERTY IN DELHI , IN A PROBATE CASE . THEREAFTER I APPLIED FOR THE MUTATION OF THE SAID PROPERTY IN MY NAME IN DDA BUT THE DDA REFUSED TO MUTATE THE SAME BY SAYING THAT THE SAME PROPERTY HAS BEEN ALREADY BEEN MUTATED IN FAVOUR OF ONE “X” WHO CLAIMED TO BE THE ONLY REAL BROTHER OF THE DECEASED . ON FURTHER ENQUIRY IT WAS REVEALED THAT THE SAID “X” WAS NOT THE REAL BROTHER OF THE DECASED TESTATOR/OWNER BUT HE WAS THE COUSIN BROTHER OF THE DECEASED . BUT IN ORDER TO GRAB THE SAID PROPERTY HE ( “ X ”) HAD SUBMITTED FORGED DOCUMENTS SHOWING HIMSELF AS THE REAL BROTHER OF THE DECASED AND FRAUDULENTLY GOT THE MUTATION IN HIS NAME IN DDA RECORDS .
NOW MY QUERY IS 1). CAN AN EXECUTION PETITION BE FILED FOR THE EXECUTION OF THE LETTER OF ADMINISTRTATION GRANTED BY THE COURT , IF YES UNDER WHAT PROVISIONS OF THE LAW ? .
2. WHAT ARE THE LEGAL REMEDIES AVAILABLE TO ME TO GET THE SAID PROPERTY MUTATED IN MY NAME IN DDA RECORDS . ?
Devajyoti Barman
(Expert) 06 April 2014
1. no need. If apply for mutation on your name on cancellation of the earlier name.
2. Id DDA refuses to so then file Writ petition in the nature of Mandamus.
Rajendra K Goyal
(Expert) 06 April 2014
Agree with the expert Devajyoti Barman ji, approach DDA for rectification and if DDA does not agree approach court.
ajay sethi
(Expert) 06 April 2014
file case of cheating , criminal breach of trust against said cousin brother .
mutation made in name of cousin brother has to be cancelled by DDA .file wirt petition against DDA
the following is procedure for mutation as mentioned in DDA website .
MUTATION OF RESIDENTIAL PLOTS ON THE BASIS OF WILL IN FAVOUR OF FAMILY
MEMBERS
Documents required:
10. Affidavit
11. Indeminity Bond
12. In case the”Will” is unregistered NOCs from all the class I legal heirs for mutation in
favour of legatee.
13. Certified copy of the “Will” left by the allottee/lessee/sub-lessee.
14. Death Certificate in Original
15. Proof of relationship, viz., copy of ration card, or copy of passport or copy of voter’s
identity card, duly attested by gazetted officer/Notary Public/Magistrate
16. Copy of “D” form/completion Certificate
17. One photograph & Three Specifimen Signatures of mutatee duly attested by Class I
Gazetted Officer/Ist class Magistrate.
18. NOC or redemption deed, if plot is mortgaged.
19. NOC from the society (In case of a Society plot)
T. Kalaiselvan, Advocate
(Expert) 08 April 2014
I fully agree with the opinion of Mr. Sethi in this regard, the author may follow the suggestion rendered.
