- (1.) The petitioner has sought quashing of the orders dated 02.09.2009 (Annexure P-10) and 22.09.2009 (Annexure P-11) requiring the original owner to apply for 'No Objection Certificate' regarding sale of a house. Originally, a residential house bearing H.No. 2059, Sector 21-C, Chandigarh was owned by the following persons as is made out from the conveyance deed dated 20.12.2007 executed in their favour: Out of the aforesaid co-owners, Tarlochan Singh, Devender Singh and Mrs. Ravinder Kaur executed a registered General Power of Attorney in favour of the petitioner on 15.01.2008 qua their 3/8th share in the aforesaid house. Gurdev Singh appointed the petitioner as his General Power of Attorney qua his 1/8th share in the aforesaid house vide General Power of Attorney dated 04.01.2008, whereas Gurdeep Singh and Naren-der Singh appointed the petitioner as their registered General Power of Attorney qua their 1/3rd share in the house in question on 15.01.2008. Smt. Randhir Kaur wife of Jaswant Singh also appointed the petitioner as her Power of Attorney qua her 1/6th share on 11.08.2004.
(2.) The Registration and Other Related Laws (Amendment) Act, 2001 (Parliament Act No. 48 of 2001) amended The Registration Act, 1908; The Transfer of Property Act, 1882 and The Indian Stamp Act, 1899. Section 11 thereof inserted clause 23 A in Schedule I to the Indian Stamp Act. On 15.11.2007, an amendment carried by State of Punjab by enacting the Indian Stamp (Punjab Amendment) Act, 1994 (Punjab Act No. 17 of 1994) was extended to Chandigarh. The amendments carried out by Parliament Act No. 48 of 2001 and by extension of Punjab Act No. 17 of 1994 to Chandigarh would lead to the following as the applicable provisions to Chandigarh:
(3.) Three Power of Attorneys i.e. dated 15.01.2008, 15.01.2008 & 04.01.2008 were executed after the aforesaid provisions were extended to Chandigarh, whereas Power of Attorney of Smt. Randhir Kaur was executed on 11.08.2004, but after the enforcement of the Parliament Act No 48 of 2001.;