HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 27638 OF 2008 DATED 12th DECEMBER, 2014.
BETWEEN Ch.Vijay Kumar ….Petitioner And The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Hyderabad and anr …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 27638 of 2008.
ORDER:
Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner submitted an application on 30.04.2008 to the respondents to mutate his name in the municipal records in the place of his grandmother late K. Naraamma in respect of the house property bearing H.Nos.1-4-923/1,924,925 and 926 of Bakaram, Hyderabad. The grand mother of the petitioner died in the year 1995. She is survived by her grand children through her sole predeceased daughter, Lakshmi, who was blessed with five sons and five daughters. A suit in O.S.No.1401 of 1995 was filed before the learned IX Additional Senior civil Judge, City Civil Court, Hyderabad and the said suit was decreed holding that each of the sharers are entitled to 1/10th share. As the suit property cannot be divided, the sisters and brothers of the petitioner took the value of their share in the suit property and executed a registered partition deed on 18.10.2007. The petitioner became owner of the property to the extent of 90% leaving 1/10th share to his brother. In those circumstances, the petitioner has applied for mutation of his name in the municipal records.
The respondents through their letter dated 21.08.2008 asked the petitioner to submit link documents, death certificates of K.Narsamma and C.Laxmi and legal heir certificate. The respondents also informed through letter dated 25.11.2008 that the file is under process and he was asked to submit other documents as per the legal opinion of their Standing Counsel.
From the above facts, it is clear that the petitioner became 9/10th shareholder of the suit property and his brother, Bharath Bhushan is entitled to 1/10th share. Both names should be incorporated in the property register of the respondent- Corporation in the place of their deceased grandmother. In the circumstances, the petitioner is given liberty to submit copies of the judgment and decree in O.S.No.1401 of 1995, registered partition deed dated 18.10.2007 and other documents, if any, in support of his claim to the respondents within a period of one month from the date of receipt of a copy of this order and the respondents shall consider the same and pass appropriate orders thereon within a period of three months thereafter.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 12th December, 2014. Msnrx