Notifications and Orders
(150) Policy regarding transfer of immovable property to the legal heirs/legatee(s) after death of the allottee /transferee in U.T., Chandigarh * No, 45/5/22-(JTFI(5)-201 V3355. - In compliance to the order deled 16th May, 2013 passed by the Hon’ble Punjab and Haryana High Court, Chandigarh in CWP No. 1331 of 2013 titled Kamal Kumar versus U.T., Chandigarh, the Administrator, tlrT., Chandigarh is pleased to notify the Policy regarding transfer of immovable properly to the legal heirs/legatee(s) after death of the allottee/transferee in U. T-, Chandigarh in respect of following categories subject to requirement of further modification in case of any hardship shown in-the future 1, Transfer in the case of ’Intestate Death’.
2. Transferor! the basis of' Registered will’, 3, Transfer on the basis of *Un* registered will*,
4. Transfer on the basis of Sale Deed.
1. Transfer in the case of Intestate Death :
On receipt of the application for transfer of ownership in case of death of the allottee/transferee, the Estate Office, L\T.; Chandigarh shall issue a public notice at the coat of the applicant^) - within 30 days of the receipt of the request in the leacir.g newspapers one in Hindi, one in English and one In Punjabi, having wide circulation in die area giving full particulars ofthe property and lhe applicant^;), who have applied for transfer of ownership rights. The public not i co should clearly state that if any legal heir(s) is/arc having any objection against rhe transfer of ownership, lhe objcctorfs) can submit the objection to the Estate Officer in writing along with supporting documents within one month ofthe publication ofthe notice and if no objection is received within 30 days of the publication ofthe notice in the aforesaid manner, then the ownership shall be transferred in the records ofthe Eslate Office subject to the fulfillment of other conditions regarding submission of the death certificate, affidavit, indemnity bond and payment of all outstanding dues. In case of dispute amongst the legal heirs, the property will be transferred iit the names of all the legal heirs. However, they shall not be allowed to alienate the property till they get their inter sc dispute settled through die competent court o fj urisd ic t io n.
2. Transfer in the basis of ‘Registered Will’ :
On receipt ofthe application for mutating the property in the name ofthe holder of the ‘Registered Will* the Estate Office, U.T., Chandigarh shall issue a public notice at the cost of the applicant(s) within 30 days of the receipt of the request in three newspapers - one in English, one in Hindi and one in Punjabi, having wide circulation in the area, giving particulars ofthe property and the applicants), who have applied for transfer of ownership rights. The public notice should clearly state that if any legal heirs is/arc having any objection against the transfer of ownership, the obicctorfs) can submit the objection to the Eslate Officer in writing along with supporting documents within one month ofthe publication ofthe notice and if no objection is received within 30 days the publication ofthe notice in the aforesaid manner, then the properly shall be transferred in the name of the holder of the ‘Registered Will’ in the records of Estate Office subject to the fulfilment of other conditions regarding submission of the death certificate, affidavit, indemnity bond etc. If any objection is received, then the objector should be asked to get the dispute settled from the competent court of jurisdiction regarding the genuineness of the ‘Will* but during the pendency ofthe dispute, the ownership shall be transferred in the name of the holder of the‘ Registered Will’ subject to the final outcome ofthe case subject to the fulfilment of . other conditions regarding submission of tire death certificate, affidavit, indemnity bond and payment of all outstanding dues.
3. Transfer on The basis of ‘(Un* registered Will*:
On receipt of the application for mutating the ownership in the name of the holder of the ‘Un-registered Will* the Estate Office, U.T., Chandigarh shall issue a public notice at the cost of the applicant(s) - within 30 days of the receipt pf the request in three newspapers - one in English, one in Hindi and one in Punjabi, having wide circulation in the area giving particulars of the property and the applicant(s), who have applied for transfer of ownership rights. The public notice should clearly state that if any legal heirs is/arc having any objection against the transfer of ownership, the objector^) can submit the objection to the Estate Officer in writing along with supporting documents within oire month ofthe publication ofthe notice and if any objection is. received within 30 days of the publication of the notice in the aforesaid manner, then the ownership shall be transferred in the records of the Estate Office subject to the fulfilment of other conditions regarding submission of the death certificate, affidavit, indemnity bond and payment of all outstanding dues. If any objection is received, and the Estate Officer is not satisfied regarding the genuineness of the ‘Un-registered Will* then the Estate Officer shall transfer the property on the basis of natural succession subject to the final outcome of the dispute regarding the genuineness of the ‘Un- registered Will*.
4, Transfer on the basis of Sale Deed.
If the sale deed has been executed after obtaining ‘No Objection Certificate’ from Estate Office, U.T., Chandigarh or after execution of the Conveyance Deed in favour of the allottee, the transfer shall be allowed by the Estate Officer. Otherwise, same procedure as mentioned at Sr. No 2 and 3 shall be followed.
Note. - (i) All applications for transfer will be uploaded by the Estate Office, U.T., Chandigarh on its Website along-with the details of applicant(s) and property. This will be in addition to the Public Notice in Newspaper.
(ii) The applicants) shall submit an affidavit saying that they have indicated the name and address of all legal heirs of the allottee/lessee, correctly