Akhil Kumar Sharma vs Mukesh Kumar Sharma on 12 September, 2024
37. I am afraid to accept the said contention. Firstly, for
attracting the provisions of Section 82, there has to be mens
rea on the part of the person making false statement which
in this case is missing. The respondent no. 1 to 3 in the
relinquishment deed have only relinquished their shares and
rights in the property in question and they have not harmed
or caused any prejudice to the rights of any other legal heirs.
Secondly, as per RTI report filed by the revisionist himself
in which it was requested to PIO MCD, Delhi that who has
made the application/request to incorporate the name of
Smt. Sushma Sharma in the records. The answer to the said
request furnished by MCD is Smt. Sushma Sharma. As
CR No. 111/2024
AKHIL KUMAR SHARMA Vs. MUKESH KUMAR SHARMA & OTHERS
Page 15/19
such, it is apparent that it was Smt. Sushma Sharma who had
made the said application / request to EDMC to incorporate
her name in the records for the property in question and the
said application/request was not made by the respondent no.
1 to 3. As per section 82, the false statement has to be made
intentionally before any officer acting in execution of the
Registration Act or any proceedings or enquiry under the
said Act. Lastly, it was submitted by the respondent no. 1 to
3 that they were under the mistake of fact as informed by
their mother because of unregistered Will that two sons,
namely, Lokesh Sharma and Satender Sharma were
debarred by Sh. Jai Pal Sharma in the property and,
therefore, their names were omitted as legal heirs in the
relinquishment deed.