One-family ownership rule for entire city: Chandigarh
Chandigarh, February 9
In view of the January 10 Supreme Court judgment regarding “apartmentalisation” in Chandigarh, the UT Administration has taken certain decisions regarding transfer and registration of residential buildings in the city. These decisions will be applicable only to residential properties in entire Chandigarh with effect from February 10.
According to an order issued by the administration, building plans/revised building plans of only those residential buildings where all co-owners belong to the same family (i.e. no co-owner should be stranger/outside family) will be considered as per rules.
New guidelines for residential units
- Building plans/revised building plans of only those properties whose co-owners belong to same family to be considered
- Transfer within family through sale/transfer/gift deeds/will/intestate death allowed irrespective of share held
- Wills bequeathing shares only within family members allowed
- Transfer by owners/co-owners from same family or unrelated allowed only to single or multiple persons from the same family
- Mutation for deeds registered up to date of SC judgment (i.e. Jan 10, 2023) allowed
Similarly, all kinds of transfer of property within family through sale deed/transfer deed/gift deed/will/intestate death, etc. will be allowed irrespective of the share held. Also, wills bequeathing shares only within family members will be considered.
The administration will allow transfer in which 100% property is being purchased by either a single person or multiple persons belonging to the same family, irrespective of the fact whether the present owners are members of the same family or strangers/outside family.
Mutation will be carried out for all deeds (i.e sale deed/transfer deed/gift deed etc.) that have been registered up to the date of judgment (i.e. January 10, 2023) as per rules, stated the administration. Residential apartments under the Chandigarh Housing Board and apartments approved under The Chandigarh Apartment Rules, 2001, by the Estate Office will not be affected by the order of the Supreme Court.
In all residential properties that are not covered by the above decision (having disputes of shares, etc.), transfers and mutations will not be done till a final decision is taken by the Heritage Committee.
After the Supreme Court stopped the conversion of residential houses into floor-wise apartments in “Heritage Sectors” (1 to 30), the UT Administration had put on hold the registration of properties on a share-holding basis in the entire city.
In its January 10 order, the SC had directed the Heritage Committee to consider the issue of redensification in Phase-I (Sectors 1 to 30) of the city. The committee had been asked to take into consideration own recommendations that the northern sectors of Chandigarh (“Corbusian Chandigarh”) be preserved in the present form. Deputy Commissioner Vinay Pratap Singh said the decision taken by the UT Administration would be applicable to the entire city.
