Immovable property transfers require a registered deed; agreements to sell or related documents do not confer title and cannot be used for property mutation.

JUDGMENT :

AMIT SHARMA, J.

1. The present petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed seeking the following prayers:-

“(a) issue an appropriate writ in the nature of certiorari and any other appropriate writ, order or direction in the nature of mandamus, thereby directing the respondents to mutate/substitute the name of petitioner in respect of property No. B-IV/21, measuring 255.50 Sq. Ft. (full Share) consisting of ground and upper floor. Old Double Storey, Lajpat Nagar, New Delhi-110024 as lessee in the records of the respondent No. 2 (L & D.O.) in place of its last recorded lessees (1) Shri Vijesh Katyal S/o. Shri Murli Nath Katyal and (2) Shri Sunil Katyal S/o. Shri Badri Nath Katyal both R/o. E-12, Greater Kailash, New Delhi-48, on the basis of sale documents i.e. Regd. agreement to sell, Regd. GPA, Regd. SPA, Regd. Wills, Indemnity Bond, Possession letter, Receipt, consent affidavits and affidavits all dated 03.12.1996 executed by said Sh. Vijesh Katyal and Sunil Katyal in favor of Smt. Mansa Kaur, the mother of the petitioner, which have been filed as ANNEXURES:-P-16 to P- 28 respectively) and the petitioner has inherited the lease hold rights therein as one of the legal heirs of his mother, in the facts and circumstances of the case in the interest of justice ;

(b) Any other or further order or direction(s), which this Hon'ble Court may deem fit, just and proper be also passed in the facts and circumstances of the case and in the interest of justice, equity and fair play.

2. Relevant facts for adjudication of the present writ petition as pleaded are as follows:-

a) Property no. B-IV/21, old double story, consisting of tenement on ground and upper floor (full share), ad-measuring of 255.5 sq. Ft., Lajpat Nagar, New Delhi-24 (hereinafter referred to as “subject property”) was allotted by the Ministry of Rehabilitation through Land and Development Office (hereinafter referred to as “L&DO”) to Mrs. Jethi Bai w/o Mr. Lal Chand vide a registered Lease and Conveyance Deed dated 30.11.1966.

b) Following the passing of Mrs. Jethi Bai, the subject property was mutated by the Additional L&DO Officer to her son, Mr. Asa Nand s/o Mr. Lal Chand on the basis of a registered Relinquishment deed dated 29.08.1978 executed by Mr. Hari Chand s/o Mr. Lal Chand, Mrs. Ram Piyari d/o Mr. Lal Chand and Mrs. Shanno Devi d/o Mr. Lal Chand in favour of Mr. Asa Nand, vide Mutation letter dated 23.09.1978. Further, the subject property was also assessed to house tax with Municipal Corporation of Delhi (hereinafter referred to as “MCD”) in the name of Mr. Asa Nand s/o Mrs. Jethi Bai.

c) Subsequently, vide Agreement to sell (hereinafter referred to as “ATS”), General Power of Attorney (hereinafter referred to as “GPA”), Will, Possession Letter and Receipts all dated 18.04.1991, the subject property was sold by Mr. Asa Nand to Mr. Vijesh Katyal s/o Mr. Murli Nath Katyal and Mr. Sunil Katyal s/o Mr. Badri Nath Katyal for a consideration amount of Rs. 1,85,000 after sale permission was granted by L&DO. Further, a registered Sale Deed dated 27.08.1991 with respect to the subject property was also executed by Mr. Asa Nand in favour of Mr. Vijesh Katyal and Mr. Sunil Katyal and the subject property was also assessed to house tax with the MCD in the name of Mr. Vijesh Katyal and Mr. Sunil Katyal. Consequently, on the basis of Sale Deed dated 27.08.1991, the subject property was mutated by the L&DO in name of Mr. Vijesh Katyal and Mr. Sunil Katyal.

d) Thereafter, vide registered ATS, GPA