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2013 DIGILAW 548 (PNJ)

Vandana Arora v. Chief Administrator, H. U. D. A.

2013-04-30

MOL RATTAN SINGH, SATISH KUMAR MITTAL

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JUDGMENT : - SATISH KUMAR MITTAL, J. The petitioner, who is the widow of the allottee, has filed the instant writ petition challenging the action of the respondents in not transferring the plot allotted to her husband (since deceased), in the name of the petitioner, which was allotted to him on free hold basis; with a further direction to the respondents to transfer the said plot in her name as she has deposited the requisite amount due against the allottee. During the course of hearing, the HUDA relied upon the Policy dated 07.09.2011, which was formulated by them for transfer of ownership of the residential plot in case of death of an allottee. On October 18, 2012, this Court, on perusal of the said Policy/guidelines, found that the said Policy/guidelines were framed against the opinion given by the Advocate General, Haryana. Therefore, the learned counsel for the HUDA, on instructions, stated that the HUDA has principally decided to review its Policy dated 07.09.2011 with regard to transfer of ownership rights of the residential plots/houses in case of death of an allottee. On 21.01.2013, Shri Puneet Bali, Senior Advocate was appointed as Amicus Curiae to point out some suggestions with regard to framing of such Policy/guidelines and the Court directed the respondents to re-frame the Policy keeping in view the opinion of the Advocate General, Haryana, the provisions of the Punjab Land Revenue Act, 1887 and the Hindu Succession Act, 1956 as well as the suggestions given by Shri Puneet Bali, Senior Advocate. In pursuance of the said order, twice the Draft Policies were produced by the learned counsel for the HUDA and after perusing the same and hearing the arguments raised by the learned counsel for the parties, some suggestions were made which have been incorporated in the Amended Draft Policy, which has been produced today by the learned counsel for HUDA and the same reads as under:- “Subject:-Policy regarding mode of transfer of immovable property to the legal heir(s)/legatee after death of the allottee/re-allottee. In supersession of letter No. A-6-UB-2013/9454-76 dated 26.02.2013, the following policy guidelines are hereby issued for strict compliance:- 2. In supersession of letter No. A-6-UB-2013/9454-76 dated 26.02.2013, the following policy guidelines are hereby issued for strict compliance:- 2. On receipt of the application for transfer of ownership in case of death of the allottee/re-allottee, the Estate Officer concerned shall issue a public notice at the cost of the applicant (s) within 30 days of the receipt of the request in two newspapers -one in Hindi and other in English, having wide circulation in the area giving full 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 heir(s) is/are having any objection against the transfer of ownership, the objector(s) can submit the objection to the Estate Officer in writing along with supporting documents within one month of the publication of the notice and if no 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 HUDA subject to 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 in the names of all the legal heirs. However, they shall not be allowed to alienate the property till they get their inter se dispute settled through the competent court of jurisdiction. 3. Transfer on the basis of the registered Will. On receipt of the application for mutating the property in the name of the holder of the registered Will, the Estate Officer concerned shall issue a public notice at the cost of the applicant (s) within 30 days of the receipt of the request in two newspapers -one in Hindi and other in English, 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 heir(s) is/are having any objection against the transfer of ownership, the objector(s) can submit the objection to the Estate Officer in writing along with supporting documents within one month of the publication of the notice and if no objection is received within 30 days of the publication of the notice in the aforesaid manner, then the property shall be transferred in the name of the holder of the registered Will in the records of HUDA subject to the fulfillment 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 of the dispute, the ownership shall be transferred in the name of the holder of the registered Will subject to the final outcome of the case subject to the fulfillment of other conditions regarding submission of the death certificate, affidavit, indemnity bond and payment of all outstanding dues. 4. Transfer on the basis of the unregistered Will. On receipt of the application for mutating the ownership in the name of the holder of the unregistered Will, the Estate Officer concerned shall issue a public notice at the cost of the applicant(s) within 30 days of the receipt of the request in two newspapers -one in Hindi and other in English, 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 heir(s) is/are having any objection against the transfer of ownership, the objector(s) can submit the objection to the Estate Officer in writing along with supporting documents within one month of the publication of the notice and if no 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 HUDA subject to the fulfillment 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 Will, then 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 unregistered Will. 5. Transfer on the basis of Sale Deed. If the sale deed has been executed after obtaining no objection certificate from HUDA or after execution of the conveyance deed in favour of allottee, the transfer shall be allowed by the Estate Officer. Otherwise, same procedure as mentioned as Serial Number 2 and 3 shall be followed.” We have perused the above-said Draft Policy with the able assistance of Shri Puneet Bali, Senior Advocate and found the same quite reasonable. Therefore, we approve this Draft Policy to be notified by the HUDA, subject to requirement of further modification in case of any hardship shown in future. Learned counsel for the HUDA states that this Draft Policy will be notified within fifteen days and all the pending applications with regard to transfer of the plot/house will be dealt with in accordance with the said Policy, expeditiously. We further direct the HUDA that in case any application for transfer of the plot/house is made by any person, it should be finally decided according to the said Policy, expeditiously, preferably within a period of three months from the date of receipt of such application. As far as the present writ petition is concerned, it has been stated by the learned counsel for HUDA that the plot in dispute has already been transferred in the name of petitioner Vandana Arora. Therefore, necessary relief has been granted to the petitioner. In view of the aforesaid directions, the writ petition is disposed of.