Miss Sunita v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/148/2025 Miss. Sunita Vs.

The Andaman and Nicobar Administration and Others Ms. G. Mini .... for the petitioner Ms. Babita Das ... for the respondents March 19, 2025 [SR] Item No.2 1.

The petitioner is a co-tenants/co-shares of the property in question. She has applied for no dues, non-encumbrance and valuation certificates to enable the petitioner to sell the property to a stranger.

2.

The authority concerned has refused to furnish any such details in absence of any no objection certificate from the other joint recorded tenants. This order is under challenge. In absence of any law which requires the joint tenants/co-sharers to obtain necessary permission or no objection certificate from the other co-sharers, the authority cannot insist for such certificates. Transfer of undivided share in the joint property by co-sharers even to a stranger purchaser is not illegal. 3.

On such consideration, I allow the writ petition and direct the respondent concerned to furnish the certificates as asked for by the writ petitioner within two weeks from date of communication of this order.

4.

Since affidavits are not called for, the allegations contained in the writ petition are deemed to have been denied by the respondents.

5.

The writ petition stands disposed of. However, there shall be no order as to costs.

( Soumen Sen, J. )