ਆਪਣੀ ਜਾਣਕਾਰੀ ਭਰੋ

APPLICATION FOR TRANSFER OF OWNERSHIP / LEASE RIGHTS ON THE BASIS OF INTESTATE DEATH

(Estate Office, U.T. Chandigarh — Annexure-1, filed with the liability affidavit-cum-indemnity bond at Annexure-2 of every legal heir)

To

The Estate Officer, U.T. Chandigarh
(through the Assistant Estate Officer)
Town Hall Building, Sector 17-C
Chandigarh 160017

Date: __________

Place: Chandigarh

SUBJECT: Transfer of __________ share of __________, __________, Chandigarh, on the basis of the intestate death of the recorded owner / allottee, Late __________

Sir / Madam,

The Applicants, being all the surviving legal heirs of the deceased recorded owner or allottee of the property described below, respectfully apply for transfer of the ownership or lease rights in it into their names, and state as follows.

PART I — THE PROPERTY

1. The property. __________, __________, Chandigarh, being __________ held on a __________ basis (the Property), described more fully in the Schedule at the end of this application.

2. Area. The area of the site is __________.

3. Allotment. The Property was allotted vide Allotment Letter No. __________ dated __________. The original allotment letter, and the lease deed or conveyance deed where one has been executed, will be produced at the counter for verification, and are not resubmitted where they already form part of the record of this Office.

4. Tenure, and the position under Rule 7 of the Chandigarh Estate Rules, 2007. __________ The Applicants respectfully set out the provisions on which that submission rests, so that the question is decided on this application and not on a later demand. Rule 7(i) of the said Rules bars the transfer of a site or building allotted at concessional rates, or on leasehold basis, for fifteen years from the date of allotment. Rule 7(ii) requires one-third of the unearned increase to be paid to Government when a transfer does take place, the unearned increase being the difference between the present value of the original premium — that is, the premium enhanced at nine per cent per annum, compounded annually, from the dates on which it was paid — and the current market value assessed on the average auction price for the same category of site over the last three financial years, with notice and a hearing to the party before that assessment is finalised. Rule 7(iii) provides that the addition, deletion or substitution of the name of a mother, father, spouse, son or daughter with the permission of the Estate Officer is not a transfer. Nothing in this application is an instrument of transfer: the share of the deceased vested in the legal heirs by operation of law at the moment of death, and what is asked of this Office is the correction of its own record to reflect that. The Applicants further submit, where the allotment of the Property was made before 7 November 2007, that whether the said Rules reach it at all is open, Rule 1(ii) confining them to allotments and auctions made after that date and Rule 20(ii) saving what was done under the rules then in force; and the Applicants crave leave to be heard on that question before any amount is assessed against them under Rule 7 or under any corresponding earlier provision.

5. The share applied for. The share of the Property standing in the name of the deceased on the record of this Office, and which is the subject of this application, is __________. No other share, and no other property, is dealt with by this application.

PART II — THE DECEASED AND THE DEATH

6. The deceased. Late __________, __________ __________, last residing at __________, was the sole, absolute and undisputed owner or allottee of the __________ share of the Property referred to above, and stands so recorded in the register of this Office.

7. The death. The said __________ died on __________ at __________. The death is registered under Death Certificate No. __________ issued by __________. The death certificate in original is produced with this application. __________

8. The deceased died intestate. The deceased died intestate. He or she never executed any Will in respect of the Property or of any part of it at any time during his or her lifetime, whether registered or unregistered, and no Will, codicil or testamentary writing of the deceased has come to the knowledge of the Applicants. The Applicants further state that __________

9. The law of succession. Succession to the estate of the deceased is governed by __________. On the death of the deceased the __________ share of the Property vested by operation of law, and with effect from __________, in the legal heirs named in paragraph 11 below, in the shares which that law gives them. The Applicants seek no transfer by any instrument; what they ask is that the record of this Office be brought into conformity with what the law has already done.

10. The parents of the deceased. __________ __________

PART III — THE LEGAL HEIRS

11. All the legal heirs. The deceased left surviving __________ legal heirs, whose names, ages, relationship to the deceased and current addresses are set out below. All of them have joined in making this application and all of them have signed it.

__________

12. Particulars of the Applicants who depose. The first of the Applicants is __________, aged __________ years, __________ of the deceased, son / wife / daughter (strike out whichever does not apply) of __________, resident of __________, telephone __________, identified by __________, a self-attested copy of which is enclosed. Where the heirs are more than those named in this paragraph, the particulars of each of the others appear in the table at paragraph 11, and each of them has signed this application, has sworn a separate liability affidavit-cum-indemnity bond in the terms of Annexure-2, and has enclosed a self-attested photo identity proof.

13. No heir has been left out. The names of all the legal heirs of the deceased have been given in paragraph 11 above. No legal heir has been left out or omitted, whether deliberately or by oversight, and the addresses given are true and correct. The Applicants are aware that this statement is sworn on oath in the affidavit at Annexure-2, that they indemnify this Office against any claim founded on its being untrue, and that a person left out of that list loses nothing thereby, because the share of such a person vested at the death and no entry in the record of this Office takes it away.

14. Where an heir is a minor or is abroad. Where any of the heirs named above is a minor, the natural guardian has signed for that heir and the fact is stated against the name in the table at paragraph 11; the Applicants are aware that the guardian's signature carries the correction of the record only, and that any later sale or mortgage of the minor's share will need the permission of the guardian court. Where any of the heirs is outside India, that heir has either signed personally or acted through the attorney named in paragraph 22 below, and every document executed outside India has been embossed by the Office of the Finance Department, Chandigarh Administration before being used in this transaction.

PART IV — THE STATE OF THE PROPERTY

15. Construction. __________ __________

16. Use of the Property. The Property is at present being used as follows: __________. The Applicants state that __________ The Applicants are aware that this Office levies charges for misuse of a site or building under Rule 10 of the Chandigarh Estate Rules, 2007 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 the occupier and recoverable in respect of the Property irrespective of a change of hands, and that a removal notice gives not less than fifteen days and requires removal within two months, extendable to six months where the misuse is the occupier's. The Applicants respectfully submit, without admitting that any misuse subsists, that where the allotment of the Property was made before 7 November 2007 the rate at which, and the provision under which, any such charge may be levied fall to be determined under the rules then in force, which are saved by Rule 20(ii) of the said Rules, Rule 1(ii) confining the said Rules to allotments and auctions made after that date; and the Applicants crave leave to be heard on that question before any charge is assessed against them.

17. Dues. The Applicants state that __________ A User Account Statement for the Property has been generated from estateoffice.chd.gov.in and is enclosed. The Applicants are aware that under section 3(3) of the Capital of Punjab (Development and Regulation) Act, 1952 the Property continues to belong to the Central Government until the entire consideration money, together with interest and every other amount due, has been paid.

18. Litigation, attachment and resumption. The Applicants state that __________

19. Mortgage and charge. The Applicants state that __________

20. Redemption deed. __________

21. Fragmentation. No fragmentation, division, bifurcation, apartmentalisation or amalgamation of the Property is sought or intended by this application, Rule 16 of the Chandigarh Estate Rules, 2007 forbidding it. The Property is to be recorded in the joint names of all the legal heirs named in paragraph 11, in the shares given to them by law, and it is to remain a single site or building on the record of this Office. __________ The Applicants are aware of the judgment of the Supreme Court dated 10 January 2023 in Residents Welfare Association v. Union Territory of Chandigarh (SLP(C) Nos. 4950 and 5489 of 2022), which prohibited the fragmentation, division, bifurcation and apartmentalisation of a residential unit in Phase-I, and of the public notice of the Estate Officer effective 10 February 2023 which followed it.

PART V — SIGNATURE AND REPRESENTATION

22. Who signs. This application is signed by each of the legal heirs named in paragraph 11 above, in person.

PART VI — PUBLIC NOTICE

23. Public notice. The Applicants have no objection to, and hereby request, the issue of a public notice by this Office in respect of this application, and undertake to bear its cost. They are aware that the time allowed for a transfer requiring a public notice under the Right to Service notification of the Department of Personnel, Chandigarh Administration No. 28/67/1-IH(9)-2026/73238 dated 30 March 2026 is forty days, of which twenty days run after the notice, the time running only from the submission of a complete application; and that where an objection is received this Office will decide the matter after hearing the parties.

PART VII — PRAYER

24. The Applicants therefore pray that this Office may be pleased to:

(a) transfer the __________ share of __________, __________, Chandigarh, standing in the name of the deceased, into the names of all the legal heirs named in paragraph 11 above, in the shares given to them by __________, on the basis of the intestate death of the deceased;

(b) issue the public notice referred to in paragraph 23 at the cost of the Applicants, and record the transfer on the expiry of the period allowed for objections where no objection is received;

(c) hold, in accordance with paragraph 4 above, that this application attracts neither the bar in Rule 7(i) nor any payment of unearned increase under Rule 7(ii) of the Chandigarh Estate Rules, 2007, and hear the Applicants before any contrary view is acted upon or any such amount is assessed;

(d) issue a fresh allotment letter, or endorse the existing one, in the names of the Applicants, and correct the demand for ground rent and every other charge accordingly; and

(e) pass such further or other order as the facts of the case require.

PART VIII — UNDERTAKINGS

25. The Applicants, jointly and severally, undertake:

(a) to pay every sum found due in connection with the Property, and to abide by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 and the rules framed under it, and by the conditions of the allotment letter;

(b) to obtain the statutory occupation or completion certificate wherever one is or becomes due in respect of the Property, to remove any building violation or misuse found at any stage at their own cost, and to pay such penalty or charges as may lawfully be levied;

(c) to execute the lease deed, conveyance deed or redemption deed in respect of the Property, if not already executed, wherever applicable;

(d) not to seek or permit any fragmentation, division, bifurcation, apartmentalisation or amalgamation of the Property;

(e) to defend at their own cost any claim, suit or proceeding raised by any person in respect of the Property or in respect of this transfer, and to indemnify the Estate Officer, U.T. Chandigarh, the Chandigarh Administration and their employees against every loss, damage, claim, demand or expense arising on account of it;

(f) to make good forthwith any loss suffered by the Estate Officer, U.T. Chandigarh or its employees on account of this transfer; and

(g) to inform this Office in writing at once should any further legal heir, Will or claim in respect of the estate of the deceased come to their knowledge.

PART IX — DECLARATION

26. The Applicants declare that the contents of paragraphs 1 to 25 above are true to their own knowledge, that nothing material has been concealed, and that no part of them is false. The Applicants are aware that a transfer obtained on a false statement is liable to be withdrawn; that the Property is liable to be resumed and a sum not exceeding ten per cent of the total amount of consideration money, interest and other dues forfeited under section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952; and that concealment or misrepresentation attracts legal action under section 217 of the Bharatiya Nyaya Sanhita, 2023 and under section 318(1) read with section 318(4) of that Sanhita, as the case may be.

Verified at Chandigarh on __________.

Yours faithfully,

__________________________
__________
__________ of the deceased — Applicant No. 1
__________
Telephone: __________

(Add a signature line for every remaining legal heir named in paragraph 11. Every legal heir must sign. An application signed by some of the heirs only is not a complete application.)

ANNEXURE-2 — LIABILITY AFFIDAVIT-CUM-INDEMNITY BOND

(One for each legal heir, on non-judicial stamp paper of the denomination the Estate Office checklist requires — Rs 100 on the checklist current at estateoffice.chd.gov.in when this template was prepared. Affix the deponent's recent photograph in the box at the top before it is sworn. Each is a separate instrument, sworn separately before a Notary Public practising in Chandigarh or an Oath Commissioner, witnessed by the same two witnesses, and carrying its own notarial register entry. A pack with four heirs and one affidavit is not a complete pack.)

(Photograph of the deponent)

BEFORE THE ESTATE OFFICER, U.T. CHANDIGARH

AFFIDAVIT-CUM-INDEMNITY BOND

I, __________, aged __________ years, son / wife / daughter (strike out whichever does not apply) of __________, resident of __________, do hereby solemnly affirm and declare as follows:

1. That this undertaking pertains to __________, __________, Chandigarh, being __________ held on a __________ basis, allotted vide Allotment Letter No. __________ dated __________, of which the __________ share stood in the name of the deceased on the record of the Estate Office.

1. That Late __________, __________ __________, died on __________ at __________, intestate, leaving surviving __________ legal heirs, namely:

__________

1. That the names of all the legal heirs of the deceased have been mentioned above, that no other legal heir has been left out, and that the addresses indicated above are true and correct.

1. That the said deceased had not executed any Will in respect of the said property; that succession to the estate of the deceased is governed by __________; and that __________ __________ __________

1. That I am __________ of the deceased and one of those legal heirs, and I am competent to swear this affidavit.

1. That the said property is neither under attachment by any Court of Law, nor is there any order of injunction, stay or restraint from any Court or Authority in respect of it; and that __________

1. That I have verified and ensured that the allotment of the said site or building has not been cancelled or resumed, and that no such proceeding is pending before any Authority or Court.

1. That as to building violations and misuse, __________ In the event any building violation or misuse is found or detected at any later stage, I undertake to remove it at my own cost and to bear all consequential liabilities.

1. That as to dues, __________ I further undertake that if any dues pertaining to the period of my ownership are found payable at any time, the same shall be paid by me without involving the Estate Office or the Chandigarh Administration, and that any settlement with the previous owner shall be made by me at my own cost and responsibility.

1. That as to construction and the occupation or completion certificate, the position is as follows. __________ __________ I undertake to obtain the statutory occupation or completion certificate wherever one is or becomes due in respect of the said property, to remove any misuse or building violation if required, and to pay such penalty or charges as may be levied by the competent authority.

1. That the said property is at present being used as follows: __________.

1. That as to mortgage and charge, __________ Should any loan be found to have been taken against the said property, I undertake to produce a valid No Dues Certificate from the institution concerned.

1. That as to the redemption deed, the position is as follows. __________ I undertake to execute the Redemption Deed, and the Lease Deed or Conveyance Deed, if not already executed, whenever applicable.

1. That no fragmentation, division, bifurcation, apartmentalisation or amalgamation shall be made in the said site.

1. That I undertake to pay all sums due in connection with the said property and to abide by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 and the rules framed thereunder, and by the conditions mentioned in the allotment letter. As to Rule 7 of the Chandigarh Estate Rules, 2007, I say as follows. __________

1. That I shall be personally liable for settling all court cases, dues and liabilities pertaining to the said property, if any, and shall indemnify the Estate Office and the Chandigarh Administration against the same.

1. That I shall indemnify and keep indemnified the Estate Officer, U.T. Chandigarh and its employees against all losses, damages, claims, demands or expenses that may arise on account of the transfer of the said property; and that in case the Estate Officer, U.T. Chandigarh or its employees suffer any loss on account of that transfer, I undertake to make good such loss forthwith out of this and my other properties.

1. That if any person raises any claim regarding the said property, or agitates this transfer in any Court of Law, I shall defend such litigation at my own cost and shall indemnify the Estate Office and the Chandigarh Administration against any loss arising therefrom.

1. That my identity is established by __________, a self-attested copy of which is annexed.

1. That my specimen signatures are as under:

(i) _________________ (ii) _________________ (iii) _________________

Place: Chandigarh

Dated: __________

__________________________
__________
Deponent-cum-Executant

In witness whereof the deponent-cum-executant has set his or her hand on this Liability Affidavit-cum-Indemnity Bond in the presence of the following witnesses, at Chandigarh on __________.

Witness No. 1: __________________________
__________
__________

Witness No. 2: __________________________
__________
__________

VERIFICATION

It is certified that the statements made above are true and correct to the best of the deponent's knowledge and belief, and that nothing material has been concealed. In case of concealment or misrepresentation, the deponent shall be liable for legal action as per law, including under section 217 of the Bharatiya Nyaya Sanhita, 2023 and under section 318(1) read with section 318(4) of that Sanhita, as the case may be.

Verified at Chandigarh on _______________

__________________________
Deponent-cum-Executant

(Attestation of the Notary Public or Oath Commissioner, with signature, seal, notarial register entry number and date.)

(Where the legal heirs are more than those printed above, copy this Annexure-2 form for each remaining heir, change the particulars, and have it sworn separately on its own stamp paper. Copy it whole: every heir's affidavit must disclose the same things — the same list of heirs, the same position on any probate or succession certificate proceeding and its particulars, and the same particulars of any pending court proceeding. One heir disclosing a pending suit and another not disclosing it is a discrepancy on the face of the file, and it is the kind of discrepancy on which a transfer is later undone. The Estate Office requires the liability affidavit-cum-indemnity bond of every legal heir.)

SCHEDULE — THE PROPERTY

All that piece of land and the building standing on it known as __________, __________, within the Union Territory of Chandigarh, being __________ held on a __________ basis, measuring __________, allotted vide Allotment Letter No. __________ dated __________, together with everything standing on the site and every right, easement and appurtenance belonging to it — the __________ share whereof stood recorded in the name of Late __________ at the date of death.

LIST OF ENCLOSURES

A document already available in the records of the Estate Office need not be submitted afresh; a self-attested or notarised copy may be provided, or the fact that it is already on the record may be indicated. Subject to that, the following are enclosed:

• Application for transfer of ownership or lease rights, duly signed by all the legal heirs — Annexure-1 (this application).
• Liability affidavit-cum-indemnity bond of every legal heir, witnessed by two witnesses and attested by the Notary Public — Annexure-2, one for each heir.
• Self-attested photo identity proof of every legal heir: __________ for __________, and the proof named in the affidavit of each remaining heir.
• Death certificate in original of Late __________, No. __________ issued by __________. __________
• Copy of Allotment Letter No. __________ dated __________, and of the lease deed or conveyance deed where executed.
• User Account Statement of the Property, generated from estateoffice.chd.gov.in.

Note: any document prepared or executed outside India must be submitted only after it has been embossed by the Office of the Finance Department, Chandigarh Administration.

FOR OFFICE USE — ACKNOWLEDGEMENT OF RECEIPT

Received an application dated __________ from __________ and the other legal heirs of Late __________ for transfer of the __________ share of __________, __________, Chandigarh, on the basis of intestate death.

Diary No. _____________ Date of receipt _____________

Number of liability affidavits-cum-indemnity bonds received: _______ (should equal __________).

Documents found complete or deficient (strike out whichever does not apply). Where found deficient, the deficiency is: ____________________________

Time limit for this service under the Right to Service notification of 30 March 2026: forty days where a public notice is required, of which twenty days run after the notice, the time running only from the submission of a complete application. Designated officer: the Assistant Estate Officer. First appeal: the Estate Officer. Second appeal: Secretary Estate.

__________________________
Signature and stamp of the receiving official