MANU GOURAHA Vs. CHHATTISGARH HOUSING BOARD

JUDGEMENT

(1.) Heard

(2.) The short facts of this case are that late Shri N.K.Gouraha purchased a house i.e. HIG-128 at Danganiya from Housing Board under a Hire Purchase Agreement and in such agreement, he nominated his son Manu Gouraha to be the nominee. N.K.Gouraha died on 10.08.2012 leaving behind his wife Smt. Pushna Gouraha, son Dr. Manu Gouraha, petitioner herein and two daughters namely Mrs. Shefali Shrivastav and Mrs. Madhulika Sharma. The petitioner/ son claimed his name to be mutated in respect of the house on the basis of nomination but since various claims were made, the Housing Board observed that since dispute exists in between the legal heirs, as such, suitable decree may be obtained from the civil court and eventually the name of all four heirs were recorded as the owner thereof.

(3.) Learned counsel for the petitioner would submit that as per the Hire Purchase Agreement, clause 12, in case of death of hirer, the name of the legal heirs would be mutated and if some nominee is nominated then in such case the nominee would be entitled. He submits that in the Hire Purchase Agreement Annexure 1, the petitioner's name was nominated; therefore, his name is required to be recorded. He would submit at the same time, the wife of the deceased filed an application for mutation of name, therefore, the application given by the wife or daughters would not be within the domain of the Housing Board to consider, as it would be against the clause 12 of the Hire Purchase Agreement. He would submit that the application filed by the wife of the deceased and mother of the petitioner to record the name of all four heirs cannot be entertained and the petitioner cannot be asked to approach the court as observed in its letter dated 15.03.2021. Therefore, the Housing Board be directed to record the name of the petitioner alone as legal heir.