Chandigarh Administration Issues Fresh Clarifications on Property Transfers Amid Heritage Protection Rules
The Chandigarh administration has released new clarifications regarding property transfers in the city, particularly those involving wills, as part of ongoing efforts to enforce restrictions stemming from a landmark Supreme Court judgment dated January 10, 2023. This ruling aims to preserve the architectural heritage of Chandigarh, designed by the renowned architect Le Corbusier.
Supreme Court Ruling and Its Implications
The apex court's decision prohibits the fragmentation, division, bifurcation, or apartmentalisation of single residential dwelling units, especially in phase-I (sectors 1-30) of Chandigarh, often referred to as "Corbusian Chandigarh." This measure is intended to safeguard Le Corbusier's heritage vision and prevent the conversion of independent houses into multiple apartments occupied by unrelated individuals, which could undermine the city's planned layout and aesthetic integrity.
Key Clarifications from the Estate Department
Following legal consultations, the UT estate department has addressed uncertainties in implementing the Supreme Court directives and a related public notice from February 10, 2023. The clarifications aim to provide clear guidance on property transfers, particularly in cases involving wills and inheritance.
Intestate and Testamentary Successions: The estate department communication states that devolution of property to legal heirs in cases of intestate death does not constitute fragmentation or apartmentalisation. Similarly, testamentary successions where the entire share is bequeathed to a beneficiary of a will, even if not related to the testator, will not lead to property fragmentation, as the property remains a single unit.
Family Members and Strangers: It was clarified that property transferred to a daughter-in-law via a genuine will cannot be rejected by treating her as an outsider. A daughter-in-law is considered a family member, as family ties can be established through blood, adoption, or marriage. In cases where a will gives 100% of the property to a complete stranger with no familial relation, and the will is valid, the transfer is permissible without causing fragmentation.
Partial Bequests and Will Enforcement: If a will allocates parts of the property to both family members and outsiders, the entire will must be followed in total, not partially. A valid will cannot be ignored arbitrarily, and the testator's intention must be respected. The will takes effect immediately after death, and mutation (ownership update) should proceed based on it.
Ongoing Restrictions and Compliance Measures
Despite these clarifications, authorities retain the right to refuse building plan approvals if there is a risk of converting a single house into multiple apartments for unrelated occupants. Additionally, later sales, such as one beneficiary selling their share to another or a third party, will be scrutinized case by case to prevent fragmentation and ensure compliance with the Supreme Court's directives.
The legal advice noted that the Supreme Court's focus in the January 10, 2023 judgment was primarily on phase-I of Chandigarh, where fragmentation and apartmentalisation are deemed destructive to Le Corbusier's vision. This underscores the administration's commitment to preserving the city's unique architectural heritage while balancing property rights and inheritance laws.
