title of the plaintiff has also
been denied by stating that the mutation was got done by the plaintiff
by using forged documents ... property to defendant No.2 and assured her that
necessary documentation/mutation will be done after all the
ceremonies of the marriage are completed
heirs of Har Kaur Chopra as per her will dated January 18,
1985; (iv) the mutation and subsequent conversion of the suit property
from lease ... clearly understood that the
question of genuineness of both the wills including the will Ex.DW-
RFA (OS) No.13/2014 Page
share of Shri Khushal Chand
devolved upon defendant No.1 by Will and mutation was sanctioned vide
order dated 16.3.1995. The Khatoni for the year ... inherited the said properties. The said Will has never been challenged nor
has the mutation order been challenged.
11. Based on the above contention
they had used the false and fabricated alleged Will dated
29.6.1998 in the applications seeking Mutation and Conveyance
and concealment of the valid registered Will ... case of misstatement/concealment of facts then the
mutation so allowed will be cancelled and the property shall
automatically vest with the lessor"
Under
WILL are unwarranted and not justified,
unintended misleading the general public into thinking that
SA/GPA/WILL transactions as concluded transfers, as
contrasted from ... relied
upon or made the basis for mutations in Municipal or Revenue
Records. What is stated above will apply not only to deeds of
conveyance
Chand, the executor of the Will in favour of the plaintiff, she has no
locus to challenge the Will of Sh. Hukum Chand. Para ... legal heirs of
Sh. Hukum Chand have challenged the said Will and proceedings
for mutation of the house in the name of the plaintiff
without waiting to
get probate of the Will, the petitioner sought to apply to DDA for mutation
TEST.CAS.99/2008 Page ... been long delay in surfacing of the present Will.
What cannot be forgotten is that the Will is a registered document
duly registered before
Registered GPA, SPA, affidavit, cash receipt, agreement to
sell, registered will etc. Further, the mutation letter and original house tax
receipts have also been placed
Will took no steps
whatsoever to claim her rights in the suit property based on the alleged
Will. No attempt was made to mutate ... made to get the property mutated in her name. No attempt was made
to effect probate of the Will. In fact, she admits
that there is no impediment for the respondent/DDA to
carry out mutation of the subject plot in favour of the petitioner. A direction ... respondent/DDA complying with the order dated 10.04.2012 and mutating
the plot, the petitioner will not sell, transfer, alienate or part with possession
