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2017 Supreme(P&H) 2429
IN THE HIGH COURT OF PUNJAB AND HARYANA
Surya Kant, Sudip Ahluwalia, JJ.
Brig. Jasbir Singh – Appellant
Vs.
District Magistrate – Respondent
CWP No. 19108 of 2015 (O&M)
Decided On : 21-02-2017
Advocate Appeared:
For the Appellant : Mrs. Tarun Jain Sinha
For the Respondent: Vikas Chatrath, Sukant Gupta, S.S. Katnoria
The ownership transfer of the property was made subject to the final outcome of the civil suit, and restrictions were imposed on the beneficiary's ability to transfer or create third-party rights in the property until the decision of the civil suit.
Headnote:
Will - Property Ownership Transfer - The court directed that the transfer of ownership rights in the property shall be subject to the final outcome of the civil suit, and the beneficiary shall not transfer or create any third-party rights in the property until the decision of the civil suit. The Civil Court was directed to make an effort to decide the civil suit as early as possible, and the Estate Officer was prohibited from according permission for the creation of any rights in the property until the decision of the civil suit.
Fact of the Case:
The petitioners sought quashing of the order transferring ownership rights in a property to the respondent based on a Will, while the validity of the Will was under dispute in civil and criminal proceedings.
Finding of the Court:
The court directed that the transfer of ownership rights in the property shall be subject to the final outcome of the civil suit, and imposed restrictions on the beneficiary's ability to transfer or create third-party rights in the property until the decision of the civil suit.
Issues: Validity of Will, Transfer of Property Ownership, Pending Civil and Criminal Proceedings
Ratio Decidendi: The court considered the sub judice status of the validity of the Will in the civil court and the pending criminal proceedings, and deemed it appropriate to dispose of the writ petition with directions to safeguard the property rights until the final outcome of the civil suit.
Final Decision: The writ petition was disposed of with directions to safeguard the property rights until the final outcome of the civil suit.
Surya Kant, J.
The petitioners seek quashing of the order dated 15.07.2014 passed by the Estate Officer, UT Chandigarh whereby ownership rights in respect of house No.331, Sector 9-D, Chandigarh have been transferred in favour of respondent No.7 on the basis of a Will. Petitioner No.1 is real brother of respondent No.7, namely, the beneficiary of the alleged Will. Petitioner No.2 is son of petitioner No.1. There is a considerable litigation pending between the parties by way of civil suits as well as criminal proceedings. The first petitioner has already filed the civil suit questioning the genuineness of the said Will. Some criminal proceedings are also said to have been initiated alleging forgery of Will. Those proceedings are still pending. Meanwhile, the impugned decision has been taken by the Estate Officer to transfer the property in favour of respondent No.7.
2. In view of the fact that the question of validity of the Will is sub judice before the Civil Court and the entire controversy will come to an end only after the decision of the civil suit and criminal proceedings pending between the parties, we deem it appropriate to dispose of the instant writ petition with the following directions:-
i. the transfer of the ownership rights in respect of House No. 331, Sector 9-D, Chandigarh in favour of respondent No.7 shall be subject to final outcome of the civil suit;
ii. respondent No.7 shall not transfer, alienate and/or create any third party rights in the subject property till the decision of the civil suit;
iii. learned Civil Court shall make an endeavour to decide the civil suit as early as possible and preferably within one year subject to the stay order etc. passed by any superior court;
iv. The Estate Officer, shall not accord permission for creation of any type of rights in the property in dispute till the decision of the civil suit. A copy of this order shall be kept on the record of Estate office also.
3. With these observations and directions, the writ petition stands disposed of.
