Chandigarh: Families threaten MC poll boycott over share-wise property sale restrictions

Majority of the affected persons are senior or super senior citizens who have invested their lifetime savings in shared residential properties but are unable to access their rightful share of the property’s value at a stage of life when they need it most

Families affected by restrictions on the share-wise sale of jointly owned residential properties in Chandigarh have threatened to boycott Municipal Corporation (MC) elections if the UT administration fails to clarify its legal position and resolve the issue. The warning comes ahead of Union Home minister Amit Shah’s visit to the city on Sunday, with affected families seeking urgent intervention.

The association expressed concern that the restrictions, in force since February 9, 2023, have kept substantial liquidity locked in privately owned residential properties for nearly three years and nine months. (HT)

The Property Shareholders Welfare Association raised the issue at a press conference at Chandigarh Press Club on Saturday, highlighting the financial hardship caused to thousands of property owners, a majority of whom are senior and super senior citizens.

Tushar, one of the speakers at the press conference, said all available legal remedies had been exhausted and families would now take to the streets to press for their rights. “If the UT administration does not clear its legal stand on the matter, families will boycott the MC elections,” he said, urging the authorities to take an early decision.

The association expressed concern that the restrictions, in force since February 9, 2023, have kept substantial liquidity locked in privately owned residential properties for nearly three years and nine months.

The majority of the affected persons are senior or super senior citizens who have invested their lifetime savings in shared residential properties but are unable to access their rightful share of the property’s value at a stage of life when they need it most for medical treatment, care and day-to-day living. The association said prolonged uncertainty and helplessness had caused immense mental distress, with every year of delay further affecting their financial security and dignity.

The association stated that about 10,000 property shares had already been sold in Chandigarh over the years. It also pointed out that the restrictions could have a significant adverse impact on the administration’s potential stamp duty revenue.

The association alleged that the Supreme Court judgment dated January 10, 2023, had been misinterpreted and implemented. It maintained that the objective of preventing apartmentalisation should not automatically result in denying lawful co-owners the right to transfer their undivided shares.

Tushar said Chandigarh’s architectural character had been protected through scrutiny and approval of building plans. He claimed the restrictions imposed by the UT administration, reportedly following emails from certain senior legal counsels, as an overreaction that had caused prolonged financial hardship to residents.

Clarify legal position, put in place fair & legally sustainable mechanism’

The association has appealed to the UT administration, the Union Ministry of Home Affairs and elected representatives to intervene urgently, clarify the legal position and put in place a fair, transparent and legally sustainable mechanism for share-wise property transactions, with priority to the cases of senior and super senior citizens.

It stressed that prolonged administrative uncertainty had affected not merely property transactions but also the financial security, dignity and peace of mind of entire families. The association has sought an early resolution in the larger public interest.