The Haryana Right to Service Commission (HRSC) has imposed a fine of Rs 20,000 on the estate manager of the Housing Board in Rewari for rejecting an application for transfer of property despite the applicant having the last and final registered Will of his father in his name.
The complainant alleged that the respondent’s office purposefully denied his application on spurious grounds, adding that the respondent engaged in substantial misconduct, collusion and abuse of authority.
Giving details, the Secretary of HRSC, Hitender Kumar, said that as the matter was flagged to the commission, it took cognisance of it and sough a detailed inquiry.
During investigation, it was found that the father of the complainant amended his Will three times due to the death of a family member. The last Will was made on August 14, 2019, where he consciously excluded the family of his deceased relative.
He said the applicant applied for transfer of property in case of death (uncontested) vide SARAL ID TPCD/2022/00294. Following this, a public notice was published on June 8, 2022 in the newspaper, as per procedure to invite objections within 30 days.
In response to the notice, an objection was received on June 13, 2022, enclosing a registered Will dated August 8, 2014. Subsequently, the board issued a letter dated June 21, 2022 to the complainant to provide the succession certificate in his favour.
However, since the complainant could not submit the succession certificate on July 11, the board rejected his application with the comments ‘Allottee Har Bhagwan (father) made three registered Wills and always made different nominees. Please give one registered Will onto the office which is legal’.
The commission, after a detailed inquiry, concluded that it is a fact that the allottee, Har Bhagwan, had executed three registered Wills and in the last Will, he had mentioned the factum of execution of earlier two registered Wills which he revoked in his last Will. Therefore, the last registered Will had force of law, legally valid and should have been acted upon by the respondent.
The commission found that the objection raised has no legal sanctity because the previously registered Wills have been specifically revoked.
It found that the rejection of the last Will and asking the complainant to obtain a succession certificate was nothing but harassment and abuse of power and dereliction of duty.
The commission stated that it was a clear case which was stretched for no reason. While taking stringent action, the commission imposed a penalty of Rs 20,000 on the estate manager, besides directing that a compensation of Rs 5,000 be given to the complainant for the harrasment caused to him.