LAWS(P&H)-2017-2-86

BRIG. JASBIR SINGH Vs. DISTRICT MAGISTRATE

Decided On February 21, 2017
Brig. Jasbir Singh Appellant
V/S
DISTRICT MAGISTRATE Respondents

JUDGEMENT

(1.) The petitioners seek quashing of the order dated 15.07.2014 passed by the Estate Officer, UT Chandigarh whereby ownership rights in respect of house No.331, Sector 9-D, Chandigarh have been transferred in favour of respondent No.7 on the basis of a Will. Petitioner No.1 is real brother of respondent No.7, namely, the beneficiary of the alleged Will. Petitioner No.2 is son of petitioner No.1. There is a considerable litigation pending between the parties by way of civil suits as well as criminal proceedings. The first petitioner has already filed the civil suit questioning the genuineness of the said Will. Some criminal proceedings are also said to have been initiated alleging forgery of Will. Those proceedings are still pending. Meanwhile, the impugned decision has been taken by the Estate Officer to transfer the property in favour of respondent No.7.

(2.) In view of the fact that the question of validity of the Will is sub judice before the Civil Court and the entire controversy will come to an end only after the decision of the civil suit and criminal proceedings pending between the parties, we deem it appropriate to dispose of the instant writ petition with the following directions:-

(3.) With these observations and directions, the writ petition stands disposed of.