LIABILITY AFFIDAVIT-CUM-INDEMNITY BOND
Annexure-2 to the Estate Office checklist — to be filed by the transferee
To: The Estate Officer, Union Territory of Chandigarh, Town Hall Building, Sector 17-C, Chandigarh 160017
To be engrossed on non-judicial stamp paper of Rs 100 in the deponent's own name, attested by two witnesses, and sworn before a Notary Public practising at Chandigarh. It is to be presented WITH the deed at the office of the Sub-Registrar, UT Chandigarh, 30 Bays Building, Sector 17, and not afterwards.
Sworn at Chandigarh on __________
I, __________, __________, aged __________ years, resident of __________, identified by __________, mobile __________, do hereby solemnly affirm and declare on oath as follows.
1. Who I am and why I am swearing this
1.1 I am the transferee of the immovable property described in the Schedule at the end of this affidavit. I call it the said property throughout.
1.2 The said property is coming to me by __________, dated __________. The transferor is __________, whom I call the Transferor.
1.3 I am swearing this affidavit for the purpose of the transfer of the said property in my name in the records of the Estate Office, UT Chandigarh, and I know that it will be filed with the said instrument at the office of the Sub-Registrar, UT Chandigarh and will pass from there to the Estate Office portal, where a mutation case is opened in my name.
1.4 I know that the Estate Officer will act on what I say here and will alter the ownership record of the said property in reliance on it. I make every statement below with that squarely in mind.
1.5 Wherever this affidavit says "save as disclosed in this affidavit", the disclosure meant is the paragraph, if any, printed under the corresponding bold heading in the clause concerned. Where no such paragraph appears in this affidavit, I am swearing that there is nothing whatsoever to disclose under that head.
2. The said property, its tenure and its allotment
2.1 The said property is __________, measuring __________. It was originally allotted or auctioned on __________.
2.2 __________
2.3 The particulars of the allotment and of the chain of title down to the Transferor are these: __________
2.4 I have examined the position of the said property on the Estate Office portal at estateoffice.chd.gov.in through the Know Your Property and Know Your Dues services, and I have satisfied myself as to what the Estate Office record shows. I make the statements below after that examination and after such further enquiry as a prudent transferee would make.
2.5 I understand and accept that under Section 3(3) of the Capital of Punjab (Development and Regulation) Act, 1952, until the entire consideration money together with interest and any other amount due on account of the sale of the site or building is paid, the site or building continues to belong to the Central Government, notwithstanding anything in any other law. If any part of the original consideration or interest is found to be outstanding, I accept that my mutation confers no better right than the Transferor had.
3. No attachment, injunction or order of any court
3.1 Save as disclosed in this affidavit, no attachment, injunction, stay order, receiver's order, prohibitory order or other order of any court, tribunal or authority subsists against the said property, and no suit, appeal, execution proceeding, arbitration or other legal proceeding is pending or, so far as I know after making proper enquiry, threatened, in which the said property or the title to it is or may be called in question. The said property is not subject to any attachment or enforcement order of any Government agency.
3.2 To put the position beyond argument I further state that, save as disclosed in this affidavit:
(a) the said property is not under attachment, whether before judgment or in execution of a decree, and is not the subject of any injunction, prohibitory order, garnishee order, receiver's order or provisional attachment;
(b) no order of any court, tribunal or authority restrains the transfer of the said property or the mutation of it in my name;
(c) the said property is not subject to any attachment or enforcement order passed by any Government agency, including any authority acting under the tax, revenue or economic offences laws;
(d) so far as I know after making proper enquiry, no objection by any stakeholder in respect of the said property has been received by the Estate Office or by the Sub-Registrar up to the date of this affidavit, and if any such objection comes to my knowledge at any time before the mutation is completed I will inform the Estate Officer in writing at once; and
(e) no proceeding is pending in which the said property is or may be attached, sold or otherwise dealt with in recovery of any dues of the Transferor or of any other person.
3.3 If any attachment, injunction, stay, prohibitory order or other order of the kind described above is passed, or comes to my knowledge, at any time before the mutation is completed, I will inform the Estate Officer in writing at once and before the mutation is entered.
4. No cancellation, no resumption and no other Estate Office proceeding
4.1 Save as disclosed in this affidavit, no notice, show cause notice, order or proceeding for cancellation of the allotment, resumption of the site, forfeiture of any amount, recovery of arrears, misuse of the premises or violation of the building rules is pending against the said property before the Estate Officer, UT Chandigarh or before any officer exercising the powers of the Estate Officer, and no appeal or revision arising out of any such matter is pending before the Chief Administrator, the Adviser to the Administrator or the Central Government. No lien stands recorded against the said property in the records of the Estate Office.
4.2 In particular, and save as disclosed in this affidavit, I state that:
(a) no notice has been issued and no order has been passed under Section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952 for the resumption of the said property or the forfeiture of any amount paid in respect of it;
(b) no notice has been issued and no order has been passed under Rule 14 of the Chandigarh Estate Rules, 2007 for the cancellation of the allotment of the said property on the ground of any breach of the conditions of transfer;
(c) no proceeding is pending under Section 8 of that Act for the recovery of any amount as an arrear of land revenue in respect of the said property;
(d) no notice has been issued under the proviso to Section 15 of that Act requiring the alteration or demolition of any part of the building upon the said property;
(e) no appeal under Section 10 of that Act or Rule 18 of the said Rules is pending before the Chief Administrator, UT Chandigarh, and no revision is pending before the Adviser to the Administrator or before the Central Government, in respect of the said property; and
(f) no lien of any agency stands recorded against the said property in the records of the Estate Office.
4.3 I understand that a mutation of the said property in my name does not cure any breach committed before the transfer, and that the Estate Officer's powers of cancellation, resumption and forfeiture attach to the property and may be exercised against me as the recorded owner. I accept the said property with that knowledge and I do not ask the Estate Officer to treat the mutation as any kind of clearance.
5. Use of the said property, and no misuse
5.1 The said property is held for, and is to be used by me and by anybody claiming under me for, __________.
5.2 Save as disclosed in this affidavit, no part of the said property is at present being put to any use other than the use for which it was allotted, and no part of it has been let out, licensed or handed over to anybody for any use amounting to misuse within the meaning of Rules 9 and 10 of the Chandigarh Estate Rules, 2007.
5.3 No trade or business declared objectionable under Rule 17 of the Chandigarh Estate Rules, 2007 is carried on upon the said property, and none will be.
5.4 No paying guest accommodation is being run upon the said property without the permission of the competent authority, and I will not run any without first obtaining that permission and complying with the conditions attached to it.
5.5 I am aware that misuse of a site or building attracts misuse charges under the rules applicable to the allotment of the said property. Where the Chandigarh Estate Rules, 2007 apply, Rule 10 of those Rules levies the charge at Rs 500 per square foot of the area under misuse per month or part of a month, payable jointly and severally by the transferee and by the occupier; charges so imposed are payable within fifteen days of the order and carry interest at 1.5% per month on delay; and a removal notice gives not less than fifteen days and requires the misuse to be removed within two months. I am also aware that Rule 1(ii) of those Rules applies them only to allotments and auctions made after 7 November 2007, so that a site allotted or auctioned before that date is governed by the rules under which it was allotted and the Rs 500 per square foot per month figure is not necessarily the rate leviable upon it. I accept liability for the misuse charges lawfully leviable in respect of any misuse of the said property subsisting or arising after the mutation of the said property in my name, at the rate applicable to it.
5.6 If the use of the said property is to be changed at any time, I will first obtain the written permission of the competent authority, and I understand that a relaxation of the residential use condition requires the orders of the Chief Administrator under the proviso to Rule 9(i) of the Chandigarh Estate Rules, 2007 with the prior approval of the Administrator.
6. No building violation, and the position under the Public Notice of 10 February 2023
6.1 Save as disclosed in this affidavit, no construction, addition, alteration or deviation in contravention of the sanctioned building plan or of the building rules subsists upon the said property, and no part of the said property has been fragmented, divided, bifurcated, apartmentalised or amalgamated with any other site or building.
6.2 I further state that no part of the building upon the said property has been erected or re-erected in contravention of the building rules applicable to it, that no floor or portion of a residential unit has been subdivided and dealt with separately, and that I am aware of the prohibition on fragmentation and amalgamation in Rule 16 of the Chandigarh Estate Rules, 2007.
6.3 I am aware of the judgment of the Supreme Court dated 10 January 2023 in Residents Welfare Association and another v. Union Territory of Chandigarh and others, SLP(C) Nos. 4950 and 5489 of 2022, prohibiting the fragmentation, division, bifurcation and apartmentalisation of a residential unit in Phase-I of Chandigarh, and of the Public Notice of the Deputy Commissioner-cum-Estate Officer effective 10 February 2023 issued in consequence of it, by which the transfer and the mutation of a residential unit outside the categories that Public Notice permits were stopped pending the decision of the Chandigarh Heritage Conservation Committee. As to the position of the transfer in my favour under that judgment and that Public Notice, I say this: __________
6.4 I undertake that I will not raise any construction, addition, alteration or deviation upon the said property otherwise than in accordance with a building plan sanctioned by the competent authority, and that where self-certification by a Registered Architect is permitted I will comply with every condition attached to it. Building plans are to be submitted through obps.chandigarhsmartcity.in.
6.5 I accept that if any unauthorised construction is found upon the said property, whether raised before or after the transfer in my favour, I will remove it or have it regularised at my own cost as the competent authority directs, and I will pay whatever charges are imposed.
7. The stage of construction
7.1 As to what is actually standing upon the said property today, and the storey up to which the building stands complete, I say this: __________
7.2 I am aware that a building upon an allotted or auctioned site must be completed within three years of the delivery of possession under Rule 8 of the Chandigarh Estate Rules, 2007; that an extension of up to five further years is available on payment of a penalty of 10%, 15%, 20%, 25% and 30% of the total consideration money for the first, second, third, fourth and fifth extended year respectively; and that no further extension is possible, after which the Estate Officer may proceed under Section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952.
7.3 I have inspected the said property, I have satisfied myself as to what is standing upon it, and I do not rely upon the Estate Officer for any assurance about the building, its condition or its conformity with the sanctioned plan.
8. Dues
8.1 Save as disclosed in this affidavit, all sums payable in respect of the said property to the Estate Officer, UT Chandigarh and to every other authority have been paid in full, and nothing else whatsoever stands outstanding against the said property in the records of the Estate Office.
8.2 The heads I have checked, and to which clause 8.1 applies, are: the premium and every instalment of it, interest on any instalment, ground rent, penalty, extension fee, misuse charges, water charges, sewerage charges, property tax, conversion charges, and every other sum recoverable in respect of the said property by the Estate Officer or by any other authority.
8.3 Save for any sum disclosed in this affidavit, all such sums have been paid up to __________, and the receipts are in my possession or in the possession of the Transferor and will be produced if the Estate Officer requires them.
8.4 I undertake to pay every sum found due in respect of the said property, whether it relates to a period before or after the transfer in my favour, and whether or not it was known to me when I swore this affidavit. I will not raise the transfer, or the mutation made on the strength of this affidavit, as an answer to any such demand.
8.5 I am aware that an amount due under the Capital of Punjab (Development and Regulation) Act, 1952 is recoverable as an arrear of land revenue under Section 8 of that Act, and that ground rent upon a leasehold site is payable without any demand from the Estate Officer, on the tenth day of the month following the month in which it falls due, at 2.5% of the premium for the first thirty-three years, 3.75% for the next thirty-three years and 5% for the remaining thirty-three years under Rule 12 of the Chandigarh Estate Rules, 2007, late payment attracting a penalty of up to 100% of the amount due.
9. My undertakings
9.1 To complete the building. Where the building upon the said property is not complete, I undertake to complete it within the time allowed by Rule 8 of the Chandigarh Estate Rules, 2007 and by any extension granted, and to pay any penalty payable for an extension.
9.2 To obtain the Occupation Certificate. I undertake that I will not occupy the building, or permit it to be occupied, until an Occupation Certificate has been issued in respect of it, and that I will apply for and obtain that certificate from the Estate Office as soon as the building is complete. I am aware that the Right to Service timeline for an Occupation Certificate is 45 days for a property up to two kanal and 60 days for a property above two kanal, running from a complete application, under the Department of Personnel, Chandigarh Administration notification dated 30 March 2026.
9.3 To execute the Redemption Deed. I undertake to execute the Deed of Redemption in respect of the said property, and to get it registered and to have the redemption recorded in the Estate Office, as and when the Estate Officer calls upon me to do so and in the form the Estate Officer prescribes, so that the security held over the said property for the completion of the building and the payment of the consideration is discharged of record. I will bear the stamp duty, the registration fee and every other cost of that deed. I am aware that redemption of deed is dealt with by the Tehsildar (Revenue), UT Chandigarh under the Right to Service notification dated 30 March 2026.
9.4 Not to transfer without permission where permission is needed. I undertake that I will not transfer, sell, gift, exchange, mortgage, lease, sub-lease or otherwise part with the said property or any part of it, or with possession of it, otherwise than in accordance with the Chandigarh Estate Rules, 2007 and after obtaining every permission and No Objection Certificate required, and after paying any unearned increase payable under Rule 7(ii).
9.5 To pay as it falls due. I undertake to pay the ground rent, the instalments of premium, the interest, the property tax and every other charge in respect of the said property as and when it falls due, without waiting for a demand.
9.6 To keep the Estate Office informed. I undertake to intimate to the Estate Officer in writing any change in my address, and to keep the mobile number and email address given at the head of this affidavit current in the Estate Office record, since the acknowledgement of the mutation case, the application number and the mutation letter are sent to them.
9.7 To produce documents. I undertake to produce before the Estate Officer, whenever called upon, the original of every document referred to in this affidavit, and to furnish any further information or document the Estate Officer requires for the disposal of the mutation case.
10. Indemnity
10.1 In consideration of the Estate Officer, UT Chandigarh acting upon this affidavit and transferring the said property in my name in the records of the Estate Office, I bind myself, my heirs, executors, administrators, legal representatives, successors and assigns to indemnify and keep indemnified the Estate Officer, the Chandigarh Administration, the Union Territory of Chandigarh and the Central Government, and every officer of them, against every loss, damage, cost, charge, expense, claim, demand, penalty, liability and legal fee that any of them suffers or incurs by reason of any statement in this affidavit being false or incomplete, or by reason of the transfer of the said property in my name.
10.2 I further undertake to defend, at my own cost, any claim, suit, appeal, revision or proceeding brought by any person in respect of the said property or of its transfer in my name, and to satisfy any decree, order or award made in it.
10.3 If any person establishes a right, title, interest or claim in or over the said property which is inconsistent with the transfer in my favour, or if the said property is found to be subject to any attachment, injunction, cancellation, resumption, misuse charge, building violation or dues that I have denied in this affidavit, I accept that the Estate Officer may cancel the mutation made on the strength of this affidavit and may proceed against me and against the said property in accordance with law, and that I shall have no claim of any kind against the Estate Officer or the Chandigarh Administration on that account.
10.4 This indemnity is unlimited in amount, is not limited in time, does not come to an end when the mutation is completed, and binds my heirs, executors, administrators, legal representatives, successors and assigns. It is in addition to, and does not take away from, every other right and remedy available to the Estate Officer in law.
10.5 Where more than one person swears this affidavit, this indemnity binds each of them individually and all of them jointly and severally.
11. I understand the enforcement regime I am coming into
11.1 I am aware that the said property is governed by the Capital of Punjab (Development and Regulation) Act, 1952 and by the rules made under it, and that the Estate Officer may resume the site and forfeit a sum not exceeding ten per cent of the total amount of the consideration money, interest and other dues under Section 8-A of that Act.
11.2 I am aware that an appeal against an order of the Estate Officer lies to the Chief Administrator, UT Chandigarh within thirty days of the communication of the order, with power to condone delay for sufficient cause; and that a revision lies within thirty days thereafter, to the Adviser to the Administrator against an order under the Chandigarh Estate Rules, 2007 under Rule 18(iv), and to the Central Government against an order under Sections 8 and 8-A of the Act under Section 10(4).
11.3 I am aware that under Section 19 of the Capital of Punjab (Development and Regulation) Act, 1952 no civil court has jurisdiction to entertain any suit or proceeding in respect of the recovery of arrears or penalty under Section 8, the resumption of a site under Section 8-A, the forfeiture of money under that section, or any order made under the Act, and that my remedy against any such order is the statutory appeal and revision and not a civil suit.
11.4 I am swearing this affidavit with full knowledge of all of the above and of my own free will.
12. I understand what a false affidavit costs
12.1 I have made this affidavit on oath. I know that a person who knowingly makes a false statement in an affidavit commits the offence of giving false evidence, punishable under the Bharatiya Nyaya Sanhita, 2023, and that making a false statement in a declaration which the law receives as evidence is separately punishable.
12.2 I know that this affidavit is being made for the purpose of obtaining the transfer of an immovable property in the records of a public office, that a false statement made in order to obtain such a transfer can be prosecuted as cheating, and that the Estate Officer may direct a complaint to be filed against me.
12.3 I know that if any statement in this affidavit is found to be false, the mutation obtained upon it is liable to be cancelled, and that the cancellation of the mutation will not release me from the indemnity in clause 10 or from any liability for the dues, the misuse charges or the building violation in respect of the said property.
12.4 I am making this affidavit voluntarily, in my full senses, without any pressure, coercion, undue influence or inducement from anybody. Its contents have been read by me, or have been read over and explained to me in a language I understand, and I have understood them.
13. Verification
I, the deponent above named, verify that the contents of paragraphs 1 to 12 of this affidavit, and of every paragraph printed under a bold heading within them, are true and correct to my own personal knowledge, save the statements concerning the records of the Estate Office and of the Sub-Registrar and other public records, which are true to the best of the information received by me from those records and believed by me to be true. Nothing material has been concealed and no part of it is false.
Verified at Chandigarh on __________.
SCHEDULE — The said property
Property number: __________
Area of the site: __________
Date of original allotment or auction: __________
Full description and boundaries:
__________
DEPONENT — TRANSFEREE
Signature: ______________________________
Name: __________
__________
Address: __________
Mobile: __________
Date: __________ Place: Chandigarh
WITNESSES
Witness 1
Signature: ______________________________
Name: ______________________________
Son / daughter / wife of: ______________________________
Address: ______________________________
Mobile: ______________________________
Witness 2
Signature: ______________________________
Name: ______________________________
Son / daughter / wife of: ______________________________
Address: ______________________________
Mobile: ______________________________
TO BE COMPLETED BY THE NOTARY PUBLIC
Solemnly affirmed and signed before me on __________ by the deponent named above. Each deponent appeared before me in person, was identified to my satisfaction, and signed this affidavit in my presence.
Notarial Register Serial No.: ______________________________
Notarial fee / notarial stamp: ______________________________
Signature and seal of the Notary Public:
______________________________
Name: ______________________________
Notary Registration No.: ______________________________
Area of practice: ______________________________
Date: ______________________________
Papers to carry to the Sub-Registrar with this affidavit
- The instrument itself — a sale, transfer, gift or exchange deed of freehold urban property in triplicate, every other deed in respect of freehold urban property in duplicate, with photographs of the executants and the claimants affixed on each.
- This affidavit on Rs 100 stamp paper, notarised, with two witnesses, in as many copies as there are sets of the deed.
- Proof of payment of stamp duty on the deed — the stamp papers, or the Central Treasury receipt, or the State Bank of India, Treasury Branch, Sector 17 challan for duty above Rs 50,000.
- The allotment letter, and the conveyance deed or the lease deed by which the Transferor holds.
- Where the property is leasehold: the Estate Officer's No Objection Certificate and the receipt for one-third of the unearned increase. Without these the Dealing Assistant's four-point check will stop the mutation.
- The No Dues Certificate, or the User Account Statement printed from estateoffice.chd.gov.in, and the latest ground rent, property tax and water receipts.
- The sanctioned building plan and, where one has been issued, the Occupation Certificate.
- Photo identification and PAN of every transferee and of the Transferor.
- Where the property is residential and the transfer is not one in which a single person or a single family ends up holding the whole of it: whatever the Estate Office asks for to show that the transfer is permitted under the Public Notice effective 10 February 2023. Ask at the counter before you buy the stamp paper.
- Where anybody signs for another: the registered power of attorney, the board resolution, the partners' authority or the evidence of kartaship.
- Where any document was prepared or executed outside India: proof that it has been embossed by the Office of the Finance Department, Chandigarh Administration.
Before you swear this
- Check the Public Notice of 10 February 2023 first, if the property is residential. If the transfer does not leave one person or one family holding the whole unit, the mutation may be stopped whatever this affidavit says. Ask the Estate Office whether the Chandigarh Heritage Conservation Committee has decided the matter, before you spend anything.
- Get the timing right. Swear it before you present the deed. The affidavit forms part of the registration file and the file is what passes to the Estate Office; there is no later counter at which to fix an omission.
- Check Know Your Dues before you answer clause 8, and print the User Account Statement. Ground rent arrears on a leasehold site are the dues people most often swear away without looking. If anything is outstanding, write it into the outstanding-dues box — leaving that box empty is itself a sworn statement that nothing is owed.
- Look at the building, then read clause 7 again. The storey up to which the building is complete is a fact the Estate Office can verify in an afternoon, and getting it wrong is the cheapest way to lose the benefit of everything else you swore.
- Every disclosure box you leave empty is a denial on oath. The court box, the Estate Office box, the building-violation box and the dues box each print nothing when blank, and clause 1.5 says in terms that a blank means there is nothing to disclose.
- Every transferee signs. A mutation into three names on one affidavit is a mutation the Estate Office can reopen.
- Do not sign at home. Sign in front of the notary, carrying the original of the identification named at the head of this affidavit, and ask the notary to write the register serial number on the document before you leave.
- Initial every page, the Schedule included, and take at least three signed originals — one for the registration file, one for the Estate Office, one for your own record.
- Watch the Sub-Registrar's clock. Presentation is only between 12.00 noon and 1.00 pm and registration only between 3.00 pm and 5.00 pm at 30 Bays Building, Sector 17. Arriving at 2 pm costs you the day.