Chandigarh's Estate Office has been tasked with creating a detailed document that incorporates the Supreme Court's directives, recommendations from the Chandigarh Heritage Conservation Committee, and legal advice received thus far. The purpose of this document is to provide a comprehensive overview of the property registration issue. It will be shared with the administration, signalling a proactive effort to seek clarification on the matter. This step will lead the administration to address any uncertainties surrounding property registration, with a focus on transparency and adherence to applicable regulations.
In the wake of the Supreme Court's landmark judgment on apartmentalisation, the Chandigarh Union Territory (UT) administration finds itself in a quandary regarding share-wise property registration. As a result, they are contemplating seeking clarifications from the apex court to navigate this complex legal terrain.
The UT Department, specifically the Estate Office, has received instructions to compile a comprehensive report on the matter. This report will encompass the Supreme Court's ruling, recommendations from the Chandigarh Heritage Conservation Committee, and all the legal opinions solicited thus far. Once the report is ready, it will be presented to UT Administrator Banwarilal Purohit for his review and approval before any formal approach is made to the Supreme Court.
The dispute at hand, which revolves around the resolution of issues such as restrictions on share transfers outside of the family and the sanctioning of building plans in properties co-owned by non-family members, has remained unresolved since February.
The Chandigarh Heritage Conservation Committee had recently convened on September 14, asserting that the Supreme Court's judgment should be executed meticulously. However, the committee refrained from offering explicit directives on how the administration should proceed regarding share transfers outside the family.
This is not the first time the committee has refrained from taking a decisive stance on the matter. In a previous meeting in May, they advised the administration to seek legal counsel. Subsequently, the Estate Office sought advice from the legal remembrancer, who suggested that if necessary, the administrative department should seek clarifications directly from the Supreme Court.
The crux of the matter lies in the Supreme Court's January judgment in the case of RWA v/s Chandigarh administration. The ruling dictated that no Memorandum of Understanding (MoU), agreement, or settlement among co-owners of a residential unit shall be registered or legally enforceable for the purpose of splitting or dividing a single residential unit into floor-wise apartments.
Following this pivotal Supreme Court verdict, the administration issued guidelines in February, exclusively pertaining to properties registered on a share-wise basis. These guidelines specified that building plans for residential buildings would be considered only if all co-owners belonged to the same family, thereby excluding any co-owner who is not a family member.
As the Chandigarh UT administration grapples with the intricacies of property registration in light of the Supreme Court's judgment, the decision to seek further clarification underscores the importance of addressing these complex legal matters to ensure clarity and compliance with the law.
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