Norm applies to transfer on the basis of registered and unregistered will and in case of intestate death
The Chandigarh Administration has decided to make issuance of public notice mandatory for transfer of immovable properties on the basis of registered,unregistered will and in the case of intestate (dying without a legal will) death.
For these three categories,the administration has prepared a policy making issuance of public notice to concerned parties compulsory. Without this,no transfer will be effected. A draft of the policy was produced in the Punjab and Haryana High Court on Thursday.
The policy has been prepared after the High Court had expressed its displeasure over the complex procedure adopted by the administration in cases of transfer of property. In order to simplify the procedure regarding transfer of immovable properties in Chandigarh in the name of legal heirs after death of the allottee/ transferee,the administration has prepared procedure for the three categories.
The categories are transfer on the basis of registered and unregistered will and in case of intestate death.
In case of intestate death,the draft policy reads that on receipt of application for transfer of ownership in case of death of the allottee,the Estate officer shall issue a public notice at the cost of the applicants within 30 days of the receipt of the request in two leading newspapers one in Hindi and other in English.
The draft policy also states that the newspapers should have wide circulation in the area giving full particulars of the property and the applicants who have applied for transfer of ownership rights. It adds that 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.
If no objection is received within 30 days of the publication of the notice,the policy states,then the ownership shall be transferred in the records of estate office subject to fulfilment of other conditions regarding submission of 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 names of all the legal heirs. However,they shall not be allowed to alienate the property till they get their dispute settled through the Court,the draft policy reads.
In case of transfer on the basis of registered will,if any objection is received,the objector should be asked to get the dispute settled from Court 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 final outcome of the case.
Lastly,in case of unregistered will,if the Estate officer is not satisfied regarding the genuineness of the un-registered will,then the 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.