Chandigarh administration may seek clarifications from SC over share-wise property registration, ET RealEstate

September 21, 2023

CHANDIGARH: Still in a fix over share-wise property registration owing to the Supreme Court judgment on apartmentalisation, the UT administration is likely to knock on the doors of the apex court for clarifications.

The department (estate office) has been directed to prepare a note on the issue, including the SC order, the Chandigarh Heritage Conservation Committee recommendations and legal opinion taken so far, and share it with the administration.

The note will then be submitted with UT administrator Banwarilal Purohit for his consideration. After the administrator’s approval, the SC may be approached for clarifications,” said an official.

The full resolution of the issue, restrictions on share transfer outside family and sanction of building plan where property has been owned by co-owners who are strangers/outside family, has been pending since February.

The heritage committee in its meeting on September 14 directed that the SC judgment be implemented by the department concerned in true letter and spirit and any implementation issues may be decided by the administrative department concerned. But the committee did not issue any specific directions to the administration on how to proceed on the issue of share transfer outside family.

In its last meeting too, held in May, the committee did not take a call on the matter but directed the administration to seek legal opinion. Thereafter, the estate office had approached the legal remembrancer, which had advised, if required administrative department should seek clarifications from the SC.

<p>puts onus on administrative department for any implementation-related issues</p>
puts onus on administrative department for any implementation-related issues

The apex court in its January judgment, in the case of RWA v/s Chandigarh administration, had directed that no memorandum of understanding (MoU) or agreement or settlement amongst co-owners of a residential unit shall be registered nor shall it be enforceable in law for the purpose of bifurcation or division of a single residential unit into floor-wise apartments.Following the SC order, the administration issued guidelines in February for the order’s implementation. The guidelines pertained only to the family-owned properties registered share-wise.

The administration stipulated that building plans of only those residential buildings, where all co-owners belong to same family (that is, no co-owner should be a stranger/outside family), would be considered as per rules.

  • Published On Sep 21, 2023 at 12:00 PM IST

Join the community of 2M+ industry professionals

Subscribe to our newsletter to get latest insights & analysis.

Download ETRealty App

  • Get Realtime updates
  • Save your favourite articles

Scan to download App

Source link

Abhay Singh

Web Developer

Leave a Comment