KAMAL KUMAR Vs. UNION TERRITORY, CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) The petitioner has filed the instant writ petition seeking direction to the respondents to transfer the property bearing House No.3013, Sector 21-D, Chandigarh in his favour. The said property was originally acquired by the father of the petitioner, namely, K. Ragho Ram by a registered Conveyance Deed. After purchasing the said property, the father of the petitioner got constructed a house on the same and started living there along with his family. On 24.7.1987, the father of the petitioner had expired, but before his death he had executed a Will dated 3.4.1981 in favour of the petitioner. The said Will was later on got registered before the Sub-Registrar on 20.5.1981. On the basis of the said registered Will, the petitioner moved an application before the respondents to transfer the said property in his name. When the said application was not considered and decided, the petitioner approached this Court seeking the aforesaid direction.

(2.) During the course of hearing, it was realized that the Chandigarh Administration has not formulated any proper policy with regard to transfer of the property in favour of the legal heirs or the legatee of the allottee after his death. During the course of hearing, learned counsel for the respondents was directed to formulate a reasonable policy in this regard. Ultimately, learned counsel for the respondents has placed on record the Draft Policy/Guidelines framed by the Chandigarh Administration regarding transfer of immovable property to the legal heirs/legatee after death of the allottee/transferee. The said Policy has been drafted in light of the Policy earlier framed by the Haryana Urban Development Authority for such cases, which was approved by this Court vide order dated April 30, 2013 passed in C.W.P. No.23705 of 2011 (Vandana Arora Versus Chief Administrator, H.U.D.A. and another).

(3.) The Draft Policy framed by the Chandigarh Administration has been placed on record, which reads as under:-