Property mutation petition dismissed due to authenticity doubts over will and adoption deed

The court dismissed the petition seeking mutation of a property in favor of the petitioner after the death of Sh. Muni Lal based on an alleged will and adoption deed. Despite the petitioner's claim of adoption and presenting a registered will, the court found disputes over authenticity and ownership, leading to the necessity of probate proceedings to establish the will's genuineness. The court held that while probate was not mandatory for mutation based on a registered will in Delhi, doubts raised by legal heirs warranted probate, upholding the respondent's direction for probate proceedings and dismissing the petition without costs.

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Issues:
1. Mutation of Plot No. 39, Block-E, East of Kailash Residential Scheme, New Delhi in favor of the petitioner after the death of Sh. Muni Lal based on an alleged will dated 12.3.1969.
2. Dispute over the mutation of the plot based on the registered will and adoption deed of the petitioner.

Analysis:
1. The petitioner sought a direction for mutation of the plot in her favor after the death of Sh. Muni Lal based on the alleged will and adoption deed. The petitioner claimed to be adopted by Sh. Muni Lal and presented a registered will in her favor. Despite repeated requests, mutation was not done, leading to the present petition.

2. The petitioner relied on a notice by DDA in 1990, dispensing with the need for No Objection Certificates for mutation based on a registered will executed in favor of a family member. The petitioner argued that being adopted by Sh. Muni Lal, she qualified as a family member under the notice and DDA's policy guidelines. However, DDA contested, stating the petitioner did not submit the attested will copy, and objections were raised by other legal heirs, necessitating a probate to establish the will's genuineness.

3. The court noted the dispute regarding the will's authenticity and ownership of the property. Referring to a previous case, the court highlighted that in Delhi, probate was not mandatory for mutation based on a registered will. However, the DDA could require probate if authenticity doubts arose. As a legal heir contested the will, the court found the respondent's direction for probate proceedings lawful, dismissing the petition without costs.

This detailed analysis covers the issues of mutation based on the alleged will and adoption deed, the legal dispute over the property's ownership, the relevance of probate in such cases, and the court's decision based on the presented arguments and legal precedents.

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