TRANSFER-PERMISSION AFFIDAVIT PACK
For an application under section 43(7) of the Punjab Regional and Town Planning and Development Act, 1995 to the __________
Property No. __________, __________ — Nature of the transfer applied for: __________
This pack contains three papers, and each of the three is meant to stand alone once it is engrossed. Part 1 is the covering application and goes on plain paper. Part 2 is the Seller's affidavit that the Property is free from encumbrance and litigation; it carries its own Schedule and its own penal recital, and it must be engrossed on its own non-judicial stamp paper of Rs 25. Part 3 is the Purchaser's Liability Affidavit; it too carries its own Schedule and its own penal recital, and it must be engrossed on a second, separate non-judicial stamp paper of Rs 25. Do not run Parts 2 and 3 onto one stamp paper — they are two affidavits by two different deponents, the Estate Office checklist lists them as two separate items, and neither of them cross-refers to the other for anything it needs.
PART 1 — APPLICATION TO THE ESTATE OFFICER
(Plain paper. Paragraphs are lettered A1 to A7 so that nothing in this application is confused with a clause of either affidavit.)
To
__________
Subject: Application for grant of permission for the transfer of Property No. __________, __________, under section 43(7) of the Punjab Regional and Town Planning and Development Act, 1995.
Sir / Madam,
A1. I, __________, __________, resident of __________, am the owner of __________ No. __________, __________, measuring __________, allotted by the Authority on __________ at a tentative price of __________.
A2. Nature of the transfer for which permission is sought: __________. The consideration passing on this transfer is __________.
A3. Details of the intending Purchaser / Donee / Transferee:
| Name | __________ |
| Son / daughter / wife of | __________ |
| Age | __________ years |
| Address | __________ |
| Photo identity | __________ |
A4. __________
A5. Every instalment of the consideration money, every amount of interest and penal interest, and every other due payable to the Authority against the Property has been paid in full up to the date of this application. Extension fee is dealt with separately and is not covered by that statement. The extension-fee position on the Property is: __________ __________ As between the Seller and the Purchaser, __________
A6. The processing fee of __________ is enclosed.
A7. All the documents listed in the Authority's checklist are enclosed, duly self-attested, including the Liability Affidavit of the Purchaser and the Seller's affidavit of freedom from encumbrance, each on its own non-judicial stamp paper of Rs 25.
It is requested that the permission applied for may kindly be granted.
Place: __________ Date: __________
Yours faithfully,
Signature: ______________________________
__________ __________
Mobile: ______________________________ E-mail: ______________________________
PART 2 — AFFIDAVIT OF THE SELLER
(Freedom from encumbrance and litigation. A complete instrument on its own: engross it on a non-judicial stamp paper of Rs 25, with the Schedule at its foot on the same paper, and affix the deponent's photograph.)
Sworn at __________, Punjab, on __________
I, __________, __________, aged about __________ years, resident of __________, identified by __________, do hereby solemnly affirm and declare as under.
1. Who I am and what this affidavit is for
1.1 I am the allottee, or the transferee-owner on the record of the Authority, of the immovable property described in the Schedule at the foot of this affidavit, which is written on the same stamp paper as this affidavit, is signed by me, and is covered by the oath I take at the end of it. In this affidavit that property is called the Property, the __________ is called the Authority, and I am called the Seller.
1.2 The Property is __________ No. __________, __________, measuring __________. It was allotted on __________ at a tentative price of __________. The allotment or re-allotment particulars are: __________
1.3 The Property stands in my own name on the Authority's record today.
1.4 __________
1.5 I have applied to the Estate Officer for permission under section 43(7) of the Punjab Regional and Town Planning and Development Act, 1995 to transfer the Property to __________, __________, resident of __________. The nature of the transfer is: __________. The consideration passing on it is __________.
1.6 I am swearing this affidavit because the Estate Officer's checklist requires an affidavit from the Seller that the Property is free from every sort of encumbrance and from litigation, and because the Authority, and the Purchaser, will act on it. I know it will be relied on and I make every statement in it so that it will be relied on.
1.7 I am competent to swear it. I am over eighteen years of age, of sound mind, have not been adjudged insolvent, and am under no legal disability that affects my right to apply for this permission.
2. My ownership on the Authority's record
2.1 I am the absolute and undisputed owner of the Property as it stands on the record of the Authority, with full right and authority to apply for permission to transfer it.
2.2 I understand and accept that under section 43(6) of the Punjab Regional and Town Planning and Development Act, 1995 the Property continues to belong to the Authority until the entire consideration money, interest and every other due has been paid, and that under section 43(7) I cannot transfer any of my rights in it except with the previous permission of the Authority and on the terms and fees the Authority determines.
2.3 No person other than the persons named in this affidavit has any right, title, interest, share or claim in the Property or in any part of it — whether by inheritance, survivorship, partition, coparcenary right, will, gift, exchange, family arrangement or otherwise.
2.4 No minor, no person of unsound mind and no person under any other legal disability holds any share in the Property, and no permission of any court or guardianship authority is required for this transfer.
2.5 I do not hold the Property as karta of a Hindu Undivided Family, nor as trustee, nominee, agent or benamidar for any other person.
3. The Property is free from encumbrance
3.1 The Property is free from every sort of encumbrance — mortgage, lien, charge, hypothecation, pledge, security interest, gift, sale, agreement to sell, exchange, trust, life interest, right of residence, maintenance charge or annuity in favour of any person.
3.2 In particular, no allotment letter, re-allotment letter, possession letter or other document of title relating to the Property has ever been deposited with any bank, housing finance company, non-banking finance company, co-operative society, chit fund, moneylender or private person as security for any loan or facility, whether mine or anyone else's, and no equitable mortgage by deposit of title deeds subsists over the Property.
3.3 No entry in respect of the Property subsists in the records of the Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI), and the Purchaser and the Authority are free to verify this.
3.4 No permission to mortgage has been obtained from the Estate Officer that is still operative, and no charge created with the Estate Officer's permission remains unsatisfied.
3.5 There is no stipulation, condition or restriction of any kind — in the letter of allotment, in the terms of a scheme, in a policy of the Authority, in a court order, or in any law — that prevents or restricts the transfer of the Property in the manner applied for, other than the requirement of the Authority's own permission.
4. No litigation, attachment or claim
4.1 No suit, appeal, revision, review, writ petition, execution proceeding, arbitration, criminal complaint, revenue proceeding, consumer complaint, complaint before the Real Estate Regulatory Authority, insolvency proceeding or any other legal or quasi-legal proceeding is pending before any court, tribunal, forum or authority with regard to the title, ownership, possession, boundaries or partition of the Property.
4.2 No such proceeding is pending or threatened before the Estate Officer, the Chief Administrator, the Additional Chief Administrator or the State Government in respect of the Property, and no show-cause notice, penalty order, resumption order or eviction proceeding under sections 45 to 48 of the Punjab Regional and Town Planning and Development Act, 1995 is pending or has been issued against me in respect of it.
4.3 The Property is not affected by the doctrine of lis pendens under section 52 of the Transfer of Property Act, 1882, and no decree, order, award, injunction, status quo order or receivership is subsisting against me or against the Property.
4.4 The Property is not under attachment — before judgment or in execution — under Order XXXVIII or Order XXI of the Code of Civil Procedure, 1908; nor under attachment or provisional attachment by the Income Tax Department, by the Goods and Services Tax authorities, by the Directorate of Enforcement under the Prevention of Money-Laundering Act, 2002 or the Foreign Exchange Management Act, 1999, under the Prohibition of Benami Property Transactions Act, 1988, under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, or by any other authority whatsoever.
4.5 I have not been adjudged insolvent, no insolvency or bankruptcy petition is pending against me, and I am not disqualified by any law from applying for this permission.
5. No earlier sale, bayana or power of attorney
5.1 I have not entered into any earlier agreement to sell, agreement for sale, memorandum of understanding, letter of intent, option, right of first refusal, collaboration agreement or exchange in respect of the Property with any person other than the Purchaser named in this affidavit.
5.2 I have not received any bayana, token money, earnest money or advance from any person other than the Purchaser in respect of the Property, and no person other than the Purchaser has any claim to have the Property transferred to them.
5.3 I have not made any gift, will, settlement, trust, partition, relinquishment or release of the Property or of any share in it in favour of any person.
5.4 Except as expressly disclosed in this affidavit, I have not executed any power of attorney — general, special, registered, unregistered or irrevocable — authorising any person to sell, mortgage, lease, develop, deal with, take possession of or receive money in respect of the Property, and no such power of attorney executed by me at any time is subsisting today.
6. Possession and occupation
6.1 I am in lawful possession of the Property as the owner on the Authority's record, and my possession has not been disturbed by any person.
6.2 __________
6.3 Particulars of the occupation of the Property: __________
6.4 There is no encroachment on the Property by any neighbour or by any authority, and I have not encroached on any adjoining site, Authority land, green belt, service lane, road margin, common area or public passage. Any construction on the Property stands wholly within its own boundaries and within the setbacks shown on the sanctioned plan.
6.5 __________
7. Construction, occupation certificate and extension fee
7.1 The position on the ground is: __________
7.2 There is no building violation. The construction, if any, conforms to the plan sanctioned by the SDO (Building) of the Authority and to the Punjab Urban Planning and Development Building Rules, 2021, and there has been no unauthorised construction, no deviation from the sanctioned plan, no unauthorised change of user and no misuse of the Property.
7.3 No notice, order or proceeding for demolition, sealing, stop-work, unauthorised construction, misuse or change of user is pending or has been issued against the Property by the Authority or by any other planning, municipal or pollution control authority.
7.4 Extension fee. I know that where the completion or occupation certificate has not been obtained within the period allowed from the date of allotment, the Authority charges an extension fee half-yearly, for the periods commencing 1 January and 1 July, as a percentage of the allotment price — of the auction price for a commercial site — on a ladder that begins in the 4th year from the date of allotment and rises with the years, and that the charge runs against the Property and not against the person who let it run. I make no blanket declaration that no extension fee is outstanding. The true position on the Property, which I state on oath to the Authority and to the Purchaser, is: __________ __________ As between the Seller and the Purchaser, __________ I have concealed no demand for extension fee, whether raised, threatened or anticipated.
8. Dues to the Authority and to others
8.1 Every other amount due to the Authority against the Property — instalments of the consideration money, interest, penal interest, ground rent or lease money where the Property is held on lease, misuse charge, composition charge, water and sewerage charges levied by the Authority, and every other due of the Authority apart from extension fee — has been paid in full up to the date of this affidavit. Extension fee is not covered by this clause and is dealt with at clause 7.4 above, which states the position on the Property exactly.
8.2 I have inspected the Authority's own account statement for the Property and I have disclosed everything it shows. Where the Authority's record shows any amount I have not disclosed in this affidavit, I will pay it myself and I will not ask the Purchaser to bear it.
8.3 Property tax, house tax, electricity charges, water charges and every other municipal or government levy on the Property have been paid up to date, and every outgoing for the period up to the recording of the transfer in the Authority's register is my responsibility, whether it is billed before that date or long after it.
8.4 The electricity and water connections serving the Property are in good standing, and none of them is under any dispute or proceeding about theft, tampering, unmetered supply or arrears.
9. Full disclosure
9.1 Everything stated in this affidavit is true. I have concealed no fact about the Property, about my ownership of it or about any claim to it that the Authority or the Purchaser would consider material.
9.2 I have made these statements after examining my allotment file, the Authority's account statement and my own records, and after satisfying myself that each of them is true. I have made none of them carelessly, recklessly or without checking.
10. My undertakings
10.1 Between today and the recording of this transfer in the Authority's register I will not sell, agree to sell, gift, mortgage, charge, lease, licence, part with possession of, create any interest in, or in any way deal with the Property with any person other than the Purchaser, and I will not take bayana or any other money from anyone else in respect of it.
10.2 I will tell the Estate Officer and the Purchaser in writing at once if anything happens, or comes to my knowledge, that makes any statement in this affidavit untrue or incomplete.
10.3 I will attend before the Estate Officer whenever required, produce the originals of every document filed in copy, and sign every further application, affidavit, indemnity and no-objection reasonably required to complete the transfer and to have the Property re-allotted or re-transferred into the Purchaser's name on the Authority's record.
10.4 I indemnify the Authority and the Purchaser, and will keep them indemnified, against every loss, damage, cost, expense, claim, demand, penalty, interest and legal fee that either of them suffers because any statement in this affidavit turns out to be untrue, incomplete or misleading, or because I break any undertaking in it. That indemnity is not capped, is not limited to the consideration, survives the grant of the permission and the recording of the transfer, and binds my heirs, executors, administrators and legal representatives and my estate.
11. What I know a false affidavit will cost me
11.1 This affidavit is sworn on oath before a person authorised by law to administer an oath, and it is filed with a public authority acting under a statute. I understand that it is not a formality, and that the Estate Officer is entitled to act on it and to cancel or revoke a permission obtained on a false affidavit.
11.2 If any statement in this affidavit is false, and I either know or believe it to be false or do not believe it to be true, then I commit the offence of giving false evidence under section 227 of the Bharatiya Nyaya Sanhita, 2023, punishable under section 229 of that Sanhita; I commit the offence under section 235 of that Sanhita of making a false statement in a declaration which a public servant is bound by law to receive as evidence, and any person who uses this affidavit as true knowing it to be false commits the offence under section 236; and if the false statement causes the Purchaser to part with money, I commit cheating punishable under section 318(4) of that Sanhita, with liability under sections 336 to 340 of that Sanhita in addition if any document produced in support of this affidavit is forged. These provisions replaced sections 191, 193, 199, 200, 420 and 463 to 471 of the Indian Penal Code, 1860 for offences committed on or after 1 July 2024.
11.3 I also understand that the Purchaser may treat the transaction as voidable for fraud or misrepresentation under sections 17, 18 and 19 of the Indian Contract Act, 1872, may recover every rupee paid with interest, damages and costs, and may enforce the indemnity in clause 10.4 of this affidavit.
SCHEDULE TO PART 2 — THE PROPERTY
This Schedule is part of the affidavit at Part 2. It is written on the same stamp paper, immediately above the verification, and it is covered by the deponent's signature and by the notary's jurat.
__________ No. __________, __________, measuring __________, allotted by the __________ on __________ at a tentative price of __________. Allotment or re-allotment particulars: __________
VERIFICATION — PART 2
Verified at __________ on __________ that the contents of clauses 1 to 11 of this affidavit at Part 2, and of the Schedule to it printed immediately above, are true and correct to the best of my knowledge and belief, that no part of them is false, and that nothing material has been concealed.
DEPONENT — THE SELLER
Signature: ______________________________
__________, __________
Affix a recent passport-size photograph here and sign across it. Place your left thumb impression beside your signature and sign every page, the Schedule included.
SWORN AND SOLEMNLY AFFIRMED BEFORE ME at __________ on __________ by the deponent, who appeared in person and who is personally known to me / was identified to my satisfaction on production of ______________________________. The affidavit and the Schedule to it were read over and explained to the deponent, who stated that he or she understood them before swearing.
Notary Public / Executive Magistrate — Name: ______________________________
Notarial Register Serial No.: ______________________________ Registration No.: ______________________________
Signature and seal:
PART 3 — LIABILITY AFFIDAVIT OF THE PURCHASER
(A complete instrument on its own, and nothing in it depends on the Seller's affidavit at Part 2. Engross it on a second, separate non-judicial stamp paper of Rs 25, with the Schedule at its foot on the same paper. Affix the deponent's photograph and two specimen signatures. Its clauses are numbered from 1 again because it is its own affidavit.)
Sworn at __________, Punjab, on __________
I, __________, __________, aged about __________ years, resident of __________, identified by __________, do hereby solemnly affirm and declare as under.
1. What I am taking and from whom
1.1 I have agreed to take the immovable property described in the Schedule at the foot of this affidavit, which is written on the same stamp paper as this affidavit, is signed by me, and is covered by the oath I take at the end of it. In this affidavit that property is called the Property, the __________ is called the Authority, and I am called the Purchaser.
1.2 The Property is __________ No. __________, __________, measuring __________, and I am taking it from __________, __________, resident of __________, by way of __________. The consideration passing on this transfer is __________.
1.3 The Property was allotted by the Authority on __________ at a tentative price of __________, and the allotment or re-allotment particulars are: __________
1.4 __________
1.5 I have read the letter of allotment and every condition in it, I have inspected the Property on the ground, and I have seen the Authority's own account statement for it. I am taking the Property subject to every condition of the allotment and subject to the provisions of the Punjab Regional and Town Planning and Development Act, 1995 and the rules and regulations made under it.
2. The liability I am taking on
2.1 I undertake to pay to the Authority every sum due in connection with the Property, whether the demand for it is raised before or after the transfer is recorded in the Authority's register.
2.2 Final and additional price. I undertake, together with the allottee, to pay the final or additional price in respect of the Property as may be determined and demanded by the Estate Officer from time to time, even after the execution and registration of the conveyance deed. I understand that the price at which the Property was allotted is tentative, that an enhancement in the cost of the land can be passed on to me as additional price long after I have bought the Property, that there is no statutory rate and no statutory ceiling on it, and that this undertaking is the basis on which the Authority is permitting the transfer.
2.3 Extension fee. I undertake to pay the extension fee chargeable where the completion or occupation certificate has not been obtained within the period allowed, at the rates fixed by the Authority as a percentage of the allotment price — or, for a commercial site, of the auction price — charged half-yearly for the periods commencing 1 January and 1 July, until the certificate is obtained. The position on the Property as it stands today, which I have satisfied myself about from the Authority's own account statement, is: __________ __________ As between the Seller and me, __________ I understand that this arrangement between the Seller and me binds only the two of us, and that the Authority is entitled to recover the whole of the extension fee from whoever stands on its record as the owner.
2.4 Interest, penalty and other charges. I undertake to pay interest, penal interest, ground rent or lease money where the Property is held on lease, misuse charge, composition or compounding charge, and every other levy of the Authority, as and when demanded.
2.5 Resumption. I accept that if I fail to pay the final or additional price, the extension fee or any other due, the Estate Officer may resume the Property together with any structure standing on it, and may forfeit a part of the money paid, under sections 44 and 45 of the Punjab Regional and Town Planning and Development Act, 1995 and the rules and regulations made under it. I understand that the forfeiture on resumption cannot exceed ten per cent of the total consideration money, interest and other dues under section 45(3), that an appeal against the Estate Officer's order lies to the Chief Administrator within thirty days under section 45(5), and that a revision lies to the State Government within thirty days under section 45(8).
2.6 Title remains with the Authority until paid. I accept that under section 43(6) of that Act the Property continues to belong to the Authority until the entire consideration money, interest and every other due has been paid, and that under section 43(7) I cannot in turn transfer any of my rights in it without the previous permission of the Authority.
2.7 I undertake to abide by the letter of allotment, the Punjab Urban Planning and Development Building Rules, 2021, the building bye-laws, the zoning plan and the approved land use of the Property, and not to raise any unauthorised construction, make any unauthorised addition or alteration, or put the Property to any use other than the use for which it was allotted.
3. Construction, building position and occupation
3.1 The position on the ground, which I have verified for myself, is: __________
3.2 There is no violation of the building rules that I am aware of. Where any violation is found later, I will get it removed, regularised or compounded at my own cost, and I will not ask the Authority to condone it on the ground that it was there before I took the Property.
3.3 I know who is in occupation of the Property. The position is: __________ Particulars of that occupation: __________ As to what I will receive on the transfer, the Seller has undertaken as follows: __________ I accept that obtaining possession from any occupant is a matter between the Seller, the occupant and me, that the Authority is not concerned with it, and that the Authority gives me no assurance about it.
4. Indemnity to the Authority
4.1 If any legal heir of the Seller, or any co-allottee, or any other person, makes any claim regarding the Property or challenges this transfer, I will defend that litigation myself and at my own cost, and I will keep the Authority out of it.
4.2 Any loss suffered by the Authority, or by any of its officers or employees, by reason of that claim or of this transfer being permitted on the strength of this affidavit and the Seller's affidavit, will be made good by me in person and out of my own properties.
4.3 This indemnity is not capped, is not limited to the consideration I am paying, survives the recording of the transfer and the execution and registration of the conveyance deed, and binds my heirs, executors, administrators and legal representatives and my estate.
5. My legal heirs
5.1 The Authority requires the details of my legal heirs to be placed on the allotment file, so that the Property can be re-transferred without a contest if I die. My legal heirs, with their relationship to me, are:
__________
5.2 I undertake to inform the Estate Officer in writing of any change in these particulars, and I understand that a re-transfer on death is dealt with by the Estate Officer on the basis of a Legal Heir Certificate issued by the Sub-Divisional Magistrate or the Tehsildar, liability affidavits from all the legal heirs and the death certificate in original.
6. Specimen signature and photograph
| Name | __________ |
| Specimen signature (1) | ______________________________ |
| Specimen signature (2) | ______________________________ |
| Photograph | Affix a recent passport-size photograph and sign across it |
7. Full disclosure
7.1 Everything stated in this affidavit is true. I have concealed no fact about the Property, about what I have been told about it, or about my own position that the Authority or the Seller would consider material.
8. What I know a false affidavit will cost me
8.1 This affidavit is sworn on oath before a person authorised by law to administer an oath, and it is filed with a public authority acting under a statute. I understand that it is not a formality, that the Estate Officer is entitled to act on it, and that he may cancel or revoke a permission obtained on a false affidavit and proceed against the Property under the Punjab Regional and Town Planning and Development Act, 1995.
8.2 If any statement in this affidavit is false, and I either know or believe it to be false or do not believe it to be true, then I commit the offence of giving false evidence under section 227 of the Bharatiya Nyaya Sanhita, 2023, punishable under section 229 of that Sanhita; I commit the offence under section 235 of that Sanhita of making a false statement in a declaration which a public servant is bound by law to receive as evidence, and any person who uses this affidavit as true knowing it to be false commits the offence under section 236; and if the false statement causes the Seller or the Authority to part with money or property, I commit cheating punishable under section 318(4) of that Sanhita, with liability under sections 336 to 340 of that Sanhita in addition if any document produced in support of this affidavit is forged. These provisions replaced sections 191, 193, 199, 200, 420 and 463 to 471 of the Indian Penal Code, 1860 for offences committed on or after 1 July 2024.
8.3 I also understand that the undertakings in clause 2 of this affidavit and the indemnity in clause 4 of it are enforceable against me personally and against my estate, that they are not capped, and that they survive the recording of the transfer and the registration of the conveyance deed.
SCHEDULE TO PART 3 — THE PROPERTY
This Schedule is part of the affidavit at Part 3. It is written on the same stamp paper, immediately above the verification, and it is covered by the deponent's signature and by the notary's jurat.
__________ No. __________, __________, measuring __________, allotted by the __________ on __________ at a tentative price of __________. Allotment or re-allotment particulars: __________
VERIFICATION — PART 3
Verified at __________ on __________ that the contents of clauses 1 to 8 of this affidavit at Part 3, and of the Schedule to it printed immediately above, are true and correct to the best of my knowledge and belief, that no part of them is false, and that nothing has been concealed. I further declare that if any concealment or misrepresentation in this affidavit is found at any stage, legal action may be taken against me under the law.
DEPONENT — THE PURCHASER
Signature: ______________________________
__________, __________
Affix a recent passport-size photograph here and sign across it. Place your left thumb impression beside your signature and sign every page, the Schedule included.
SWORN AND SOLEMNLY AFFIRMED BEFORE ME at __________ on __________ by the deponent, who appeared in person and who is personally known to me / was identified to my satisfaction on production of ______________________________. The affidavit and the Schedule to it were read over and explained to the deponent, who stated that he or she understood them, and in particular clause 2.2, before swearing.
Notary Public / Executive Magistrate — Name: ______________________________
Notarial Register Serial No.: ______________________________ Registration No.: ______________________________
Signature and seal:
ANNEXURES TO THE APPLICATION
- This application (Part 1), signed by every owner on the Authority's record.
- The Purchaser's Liability Affidavit (Part 3) on a non-judicial stamp paper of Rs 25, with its own Schedule on the same paper, notarised, with photograph and specimen signatures.
- The Seller's affidavit of freedom from encumbrance and litigation (Part 2) on a separate non-judicial stamp paper of Rs 25, with its own Schedule on the same paper, notarised, with photograph. One such affidavit for every owner on the Authority's record.
- Photo identity proof of every Seller and every Purchaser, self-attested and pasted on the sheets the Authority's form provides.
- Details of the legal heirs of every Purchaser, with their attested photographs.
- Self-attested copy of the allotment or re-allotment letter, and of the letter of change of ownership where the Seller is not the original allottee.
- Self-attested copy of the No Due Certificate, and the Authority's account statement for the Property, including the extension-fee ledger.
- Clearance against loan or mortgage, where any charge exists — the lender's no-dues letter and the release of the charge.
- Copy of the sanction of the sewerage connection or of the occupation certificate, where obtained.
- Certified copy of the general power of attorney or sub-attorney, where the Seller is acting through one.
- Demand draft for the processing fee, and for the transfer fee and extension fee where they are payable, drawn in favour of the Authority.
Before you swear this — a short checklist
- Read every clause of the affidavit you are swearing. This is sworn evidence filed with a statutory authority, not a covering letter. If a clause is not true for your property, do not sign it — put the exception into the disclosure clause of your own affidavit instead. The Seller's disclosure clause is Part 2 clause 9.3; the Purchaser's is Part 3 clause 7.2. They are separate on purpose: a purchaser's reservation must never be sworn to on the seller's oath.
- Buy two separate non-judicial stamp papers of Rs 25 — one in the Seller's own name for Part 2, one in the Purchaser's own name for Part 3 — and date the affidavits on or after the date printed on the paper. An affidavit dated before its own stamp paper is the first thing anyone attacks.
- Print each affidavit complete, Schedule and all, on its own paper. Neither affidavit refers to the other for anything it needs: each carries its own description of the Property and its own recital of what a false affidavit costs the deponent. Do not strip either Schedule out to save a page.
- Purchaser: understand Part 3 clause 2.2 before you swear it. You are agreeing to pay an additional price that the Estate Officer can demand years later, after the conveyance deed has been registered. That is the clause behind most of the enhancement disputes on authority land, there is no statutory ceiling on it, and it is not negotiable — the Authority will not permit the transfer without it. Price it into what you pay the Seller.
- Purchaser: pull the Authority's account statement for the property yourself from the Authority's own website before you pay anything, and read the extension-fee ledger on it against the allotment date. Extension fee accrues half-yearly from the 4th year on a site with no completion certificate, and it accrues against the property, not against the person who let it accrue. Part 2 clause 7.4 and Part 3 clause 2.3 make the seller and the buyer state that position on oath rather than declare a blanket nil, and clause 8.1 of Part 2 is deliberately written so that it does not sweep extension fee into a no-dues declaration.
- Seller: if there is a loan on the property, disclose it. The Estate Office holds the permission-to-mortgage record and will find it.
- Seller: if a tenant, licensee or anyone else is in occupation — and on an SCF, SCO, booth or industrial site that is the norm rather than the exception — say so at Part 2 clause 6.2 and give the particulars at 6.3. Do not swear an absolute no-tenancy declaration you cannot stand behind, and make sure clause 6.5 says what the buyer is actually going to get.
- Where the property is held jointly, every owner on the Authority's record swears their own Part 2 affidavit on their own Rs 25 paper and signs Part 1 in the joint-owner block. One owner cannot swear for the others.
- Appear before the notary in person, ask for the notarial register serial number, and check that it is written on the affidavit above the seal.
- Make three signed sets: one for the Estate Office, one for the Purchaser, one for the Seller. The Purchaser's set belongs with the allotment file permanently.