A total of 286 cases are pending under consideration in the UT Estate Officer for transfer of ownership on the basis of will/ family/ settlement deed/ GPA. While 227 cases are pending on transfer of ownership on the basis of will,34 cases on transfer of ownership on the basis of family settlement deed and 25 cases on transfer of ownership on the basis of GPA are pending. This information was furnished by the UT Administration during the resumed hearing of a bunch of petitions clubbed together by the High Court. Pained over the harassment being caused to city residents on account of alleged arbitrary levy of stamp duty by the UT Estate office in transfer of properties with the family,a Bench headed by Justice Hemant Gupta of the High Court had asked the Administration not to harass the applicants.
Taking strong note of the rise in number of avoidable litigation resulting from non-decision by the UT authorities,a bench headed by Justice Hemant Gupta had issued notices to the Chandigarh Administration in February this year. Taking the status report filed by UT on record,the High Court also appointed a senior lawyer,Arun Jain,as amicus curiae in the case to assist the Court.
Enlarging the scope of the several petitions filed by city residents,Justice Hemant Gupta had asked the Administration to look into the matter and take immediate action to redress the grievances of the city residents. In several petitions,residents have alleged that while the Supreme Court has held that in cases of family settlement no stamp duty is to be charged,the EO is forcing the petitioners to pay stamp duty.
The petitioners said that in cases of family settlement,the transfer of property from one family member to another,stamp duty cannot be charged,as per a Supreme Court judgment. It has been alleged that unnecessary delay is being caused by the authorities.