Court dismisses plea on transfer of 1/7th share of Sec 22 house

Sale deed for purchase of a share in a residential house in Chandigarh cannot be executed till the Heritage Committee takes decision on the issue as per the direction of the Supreme Court. While observing this a civil court here has dismissed a suit filed by a city resident.

In the suit the resident had prayed before the court to issue directions to the defendant for sale of a share in a house situated in Sector 22, Chandigarh, as per an agreement drafted on October 13, 2016. He also prayed for permanent injunction, restraining the defendant or his attorney, servant, agents, etc. from alienating the suit property to any third person.

He said that after negotiations he had agreed to purchase the share of the defendant to the extent of 1/7th share in the house at a cost of Rs 41 lakh. On October 13, 2016, a sale agreement was drafted. He paid Rs 11 lakh as earnest money to the defendant. He said that on the day of execution of sale agreement, it was agreed that the sale deed would be executed on or before February 13, 2017, and the same was also mentioned in the sale agreement.

The defendant also executed a general power of attorney dated October 13, 2016, giving him powers to represent the defendant to make all sorts of correspondence with the Estate Office, Chandigarh, and to execute and sign any document with regard to getting the share of the defendant property transferred into his name in the records of the Estate Office.

However, the share could not be transferred as the Estate Office asked for an affidavit by the defendant. But the defendant did not file any such affidavit even when he had received substantial amount of the total sale price. He alleged that it seemed that the intention of the defendant was to pocket the money without executing his part of the contract.

After the notice the defendant failed to appear and he was proceeded against ex parte.

On the other hand, counsel of the Estate Office said that that the property was a single unit and its fragmentation in any manner was not permissible as per the recent order of the Supreme Court.

After hearing the arguments the court said following the direction of the Supreme Court, the Administration in a meeting held on January 23, 2023, had permitted transfer of the property only within family through sale deed/transfer deed/gift deed/will, etc. and only in cases in which 100% property was being purchased. Except above, all other types of share-wise transfer of residential properties in Chandigarh has been kept on hold until a final decision is taken in this regard by the Heritage Committee.

Since the plaintiff and defendant do not belong to same family, the defendant cannot be allowed to transfer his 1/7th share in favour of the plaintiff and a decree for specific performance cannot be passed in view of the judgement of the Supreme Court. But since it is proved that the plaintiff had paid Rs 38.50 lakh to the defendant, he is entitled for recovery of this amount along with interest.

Plaintiff, defendant not of same family

The court said since the plaintiff and defendant do not belong to same family, the defendant cannot be allowed to transfer his 1/7th share in favour of the plaintiff and a decree for specific performance cannot be passed in view of the judgement of the Supreme Court.