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New decision related to property effective from today


In view of the judgement dated 10.01.2023, passed by the Hon’ble Supreme Court of India in the case SLP(C) No. 4950 & 5489 of 2022 titled as “Residents Welfare Association Anr. Vs U.T. of Chandigarh and Ors”, regarding apartmentalization in Chandigarh. The Chandigarh Administration has taken following decisions regarding residential buildings only in Chandigarh:-

1. Building Plans/Revised Building Plans of only those residential buildings, where all the co-owners belong to the same family (i.e. no co-owner should be stranger/outside Family), will be considered as per Rules.

2. All kind 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.

3. WILLs bequeathing shares only within family members will be considered.

4. Transfer in which 100% property is being purchased by either a single person or multiple persons belonging to the same family, will be allowed irrespective of the fact whether present owners are members of the same family or strangers/outside family.

5. Mutation will be carried out for all deeds (i.e Sale Deed/Transfer Deed/Gift Deed etc.) that have been registered upto the date of judgment (i.e. 10th January, 2023) as per Rules.

These decisions shall be effective from today 10.02.2023 and will only be applicable on the Residential properties in U.T., Chandigarh. Residential apartments under Chandigarh Housing Board and apartments approved under The Chandigarh Apartment Rules, 2001 by Estate Office will not be affected by above mentioned order of Hon’ble Supreme Court.

In all the residential properties, which are not covered by the above decision, transfers and mutations would not be done till the final decision is taken by the Heritage Committee.

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