ANNEXURE-I

AFFIDAVIT-CUM-INDEMNITY BOND OF THE TRANSFEREE

Sworn and filed at the office of the Sub-Registrar, UT Chandigarh, 30 Bays Building, Sector 17, together with the deed presented for registration, so that mutation of the property in the record of the Estate Officer, UT Chandigarh is triggered automatically under the Estate Office Standard Operating Procedure for Implementation of Auto-Mutation of Property based on Registered Property Deeds, read with the separate freehold and leasehold auto-mutation checklists dated 10 July 2025.

Place: Chandigarh

Date: __________

File this at the counter, not afterwards. Since 2025 there is no separate mutation application in Chandigarh. On registration the deed and its data pass digitally from the Sub-Registrar to the Estate Office Property Management System, the Branch Clerk begins preliminary scrutiny within two hours for a leasehold case carrying a valid no-objection certificate and within four hours for a freehold case, and an SMS goes to the transferee. If this affidavit is not in the file when the deed is presented, there is no later mutation window in which to put it there.

Two entries decide whether this is the right paper at all. Clause 3.3 records the register in which this property stands. Clause 6.2 records its tenure. If Clause 3.3 records a village, lal dora or phirni property of the Union Territory, stop: mutation there runs through the revenue track on a fard and a report of the Naib Tehsildar, nothing of this kind is lodged with the Sub-Registrar for it, and this affidavit is the wrong instrument. If Clause 6.2 records leasehold tenure, the lease particulars, the ground rent position, the Estate Office no-objection certificate and the one-third unearned increase under Clause 6 must all be completed before the affidavit is sworn.

1. Who is making this affidavit

1.1 I, __________, son / daughter / wife of __________, aged __________ years, resident of __________, holding Permanent Account Number __________ and contactable on mobile number __________, do solemnly affirm and declare as follows.

1.2 In this affidavit-cum-indemnity bond, "I", "me", "my" and "the Transferee" mean the person named in Clause 1.1 and, where a second person joins above, both of them together and each of them separately. Our obligations, and in particular the indemnity in Clause 12, bind us jointly and severally, so that the Estate Officer may recover the whole of any amount from any one of us and leave us to settle the shares between ourselves.

1.3 Every statement below is made from my own knowledge, except where it is stated to be made on information and belief, in which case I say that I believe it to be true.

2. From whom the Property has been acquired

2.1 I have acquired the Property described in Clause 3 from __________, son / daughter / wife of __________, resident of __________ ("the Transferor").

2.2 The Transferor is the person shown as the allottee, lessee or owner of record in the Estate Office file for the Property, or is the person entitled to be so shown, and no other person appears on that file as a co-owner whose interest has not passed to me under the Deed.

3. The Property

3.1 The property this affidavit concerns ("the Property") is:

3.2 The Property is bounded as follows:

__________

3.3 As to the register in which the Property stands, I say that __________. The Property is governed by the Capital of Punjab (Development and Regulation) Act, 1952 and the rules made under it so far as they apply to it.

Note to the reader, forming no part of the sworn text. This affidavit is drawn for an Estate Office site in the sectors of Chandigarh. If the entry at Clause 3.3 is the village, lal dora or phirni entry, do not present this affidavit: the mutation there is made in the revenue record on a fard and a report of the Naib Tehsildar, and the Estate Office auto-mutation route described below has nothing to work on.

4. The deed on which this affidavit is filed

4.1 By __________ dated __________, executed by the Transferor in my favour for a consideration of __________ ("the Deed"), the Property has been transferred to me. The Deed is being presented for registration before the Sub-Registrar, UT Chandigarh, 30 Bays Building, Ground Floor, Sector 17, and this affidavit-cum-indemnity bond is filed with it.

4.2 The consideration recited in the Deed is the whole of what has passed and is to pass between the Transferor and me. Nothing has been paid, or agreed to be paid, outside the Deed. The value on which stamp duty has been assessed is not lower than the collector rate notified for the Property by the Deputy Commissioner-cum-District Collector, UT Chandigarh and in force on the date of the Deed.

4.3 The Deed has been executed on properly stamped paper and the registration fee has been tendered. I am aware that under section 35 of the Indian Stamp Act, 1899 an instrument that is not duly stamped cannot be received in evidence or acted upon, and that the registering officer may refer an instrument that appears to be undervalued to the Collector, who may demand the deficient duty with penalty and interest long after the transaction is closed.

5. How the Transferor held the Property

5.1 The Transferor's title, as it stands on the Estate Office file, arises as follows:

__________

5.2 I have inspected, or have caused to be inspected on my behalf, the Estate Office record of the Property, including the Know Your Property and Know Your Dues entries and the User Account Statement available at estateoffice.chd.gov.in, and I have satisfied myself about the entries appearing there.

5.3 I am aware of section 3(3) of the Capital of Punjab (Development and Regulation) Act, 1952, under which a site or building continues to belong to the Central Government, notwithstanding anything in any other law, until the entire consideration money together with interest and every other amount due in respect of it has been paid. So far as the Estate Office record discloses, the whole of the premium and every other amount due on the Property has been paid, and the Transferor was therefore competent to transfer it.

6. Tenure, and what the tenure requires

6.1 I take the Property subject to every condition of the allotment, auction, lease or conveyance under which it is held, and subject to the Chandigarh Estate Rules, 2007 so far as they apply to it. I am aware that Rule 1(ii) of those Rules applies them to allotments and auctions made after 7 November 2007, that the Chandigarh (Sale of Sites and Buildings) Rules, 1960 and the Chandigarh Leasehold of Sites and Buildings Rules, 1973 were repealed by Rule 20(i) with everything done under them saved by Rule 20(ii), and that where the Property was allotted before 7 November 2007 the conditions of the original allotment continue to bind me.

6.2 As to the tenure of the Property, I say that __________.

6.3 Where the entry at Clause 6.2 records leasehold tenure, the entries appearing under the headings that follow form part of this affidavit and must be completed before it is sworn. An affidavit which records leasehold tenure and leaves those entries blank is incomplete on its face, states no lease, no ground rent position, no no-objection certificate and no unearned increase, and is not an affidavit on which the Branch Clerk can complete the two-hour preliminary scrutiny of a leasehold case.

7. Dues standing against the Property

7.1 I have checked the dues standing against the Property through Know Your Dues at estateoffice.chd.gov.in, and I say that to the best of my knowledge and belief no amount is outstanding to the Estate Office in respect of the Property on the date of this affidavit — no instalment of premium, no interest, no ground rent, no misuse or violation charge, no penalty for delayed construction, no extension fee and no other demand.

7.2 If any amount is hereafter found to be outstanding in respect of the Property for a period before the date of the Deed, I shall pay it to the Estate Office on demand. I shall not require the Estate Officer to proceed against the Transferor first, and I shall not resist a demand on the ground that the liability arose before I acquired the Property. Whatever I may recover from the Transferor is a matter between the Transferor and me and is no answer to the Estate Office.

8. What I swear about the Property and about this transfer

8.1 The Deed is genuine. It has been executed by the persons who appear on it to have executed it, of their own free will, and no signature or thumb impression on it is forged, procured by fraud or obtained by coercion.

8.2 The Transferor was in lawful, peaceful and exclusive possession of the Property immediately before the Deed, and possession has been delivered to me.

8.3 No person other than the Transferor has any subsisting right, share, interest, claim or demand in the Property, whether as co-owner, coparcener, member of a Hindu Undivided Family, legal heir, beneficiary under a will or trust, holder of an earlier agreement to sell, holder of a power of attorney, tenant, licensee, paying guest, caretaker or occupant.

8.4 The Property is free from every encumbrance — mortgage, charge, lien, hypothecation, gift, exchange, trust, court attachment, injunction, prohibitory order, attachment by a tax or revenue authority, acquisition or requisition notification — save as disclosed in this affidavit.

8.5 No part of the Property has been fragmented, divided, bifurcated or apartmentalised. Save as disclosed immediately below, no part of the Property has been amalgamated with any adjoining site. I am aware that Rule 16 of the Chandigarh Estate Rules, 2007 prohibits fragmentation and amalgamation alike, that amalgamation of adjoining sites is permitted only for commercial or industrial sites and only with the prior approval of revised plans, and that fragmentation is permitted only under a notified scheme.

8.6 The Property is not benami property within the meaning of the Prohibition of Benami Property Transactions Act, 1988, is not the proceeds of crime and is not liable to attachment under the Prevention of Money-Laundering Act, 2002, and this transfer has not been made to defeat or delay any creditor.

8.7 Where the Property is a dwelling unit of the Chandigarh Housing Board, the lock-in of five years from the date of physical possession had expired before the Deed, no conveyance deed had already been executed in respect of it, all dues to the Board stand paid, there is no title dispute, the Board's transfer no-objection certificate under Regulation 16 of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 has been obtained, and the allottee and I applied to the Board jointly.

8.8 Every document referred to in this affidavit which was prepared or executed outside India has first been embossed by the Office of the Finance Department, Chandigarh Administration, as the Estate Office checklists require.

8.9 No power of attorney has been used to execute the Deed except a power of attorney that is registered and subsisting, and I am aware that a general power of attorney does not by itself transfer title, as the Supreme Court held in Suraj Lamp and Industries Private Limited (2) v. State of Haryana, (2012) 1 SCC 656.

8.10 I have concealed nothing material from the Sub-Registrar or from the Estate Officer, and nothing stated in this affidavit is false to my knowledge.

9. The building on the site, its completion and its use

9.1 The position of construction on the Property is that __________.

9.2 As to the use of the Property, I say that __________. I am aware that Rule 9 of the Chandigarh Estate Rules, 2007 ties the use of a site to the purpose for which it was allotted, and I shall not change the use of the Property without first obtaining a relaxation from the Chief Administrator, UT Chandigarh under the proviso to Rule 9(i), which requires the prior approval of the Administrator.

9.3 I shall not misuse the Property or permit it to be misused. I am aware that Rule 10 of the Chandigarh Estate Rules, 2007 charges misuse 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; that a removal notice must allow not less than 15 days and requires removal within two months, extendable to six months where the misuse is the occupier's; that the charge is payable within 15 days of the order and carries interest at 1.5% per month thereafter; and that the Rules apply of their own force to allotments and auctions made after 7 November 2007, so that where the Property was allotted earlier the rate at which misuse is charged should be confirmed with the Estate Office rather than assumed.

9.4 I shall not raise any construction, addition, alteration or re-erection on the Property except in accordance with a building plan sanctioned for it. Plans are submitted through obps.chandigarhsmartcity.in and verified by the SDO (Building), Estate Office. I am aware of section 5 of the Capital of Punjab (Development and Regulation) Act, 1952, and of the proviso to section 15, under which the Chief Administrator may by written notice require the alteration or demolition of a building erected in contravention of the building rules within six months of its having begun or been completed, may demolish it at my expense on non-compliance, or may instead accept a reasonable sum by way of compensation.

10. The Supreme Court judgment and the Estate Office Public Notice

10.1 I am aware of the judgment of the Supreme Court of India 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, which prohibits the fragmentation, division, bifurcation and apartmentalisation of a residential unit in Phase-I of Chandigarh, resting on Rule 14 of the Chandigarh (Sale of Sites and Buildings) Rules, 1960, Rule 16 of the Chandigarh Estate Rules, 2007 and the repeal of the Chandigarh Apartment Rules, 2001 by notification dated 1 October 2007. I am also aware of the Public Notice issued by the Deputy Commissioner-cum-Estate Officer, effective 10 February 2023, which followed that judgment.

10.2 The position of this transfer under that Public Notice is that __________.

10.3 I shall not fragment, divide, bifurcate or apartmentalise the Property; shall not sell, lease or licence any floor or portion of it as a separate self-contained unit; and shall not apply for a building plan that has that effect.

10.4 I am aware that where a residential transfer is not covered by a category permitted by the Public Notice, transfer and mutation stand stopped until the Chandigarh Heritage Conservation Committee takes its decision, and that registration of the Deed does not by itself entitle me to mutation in such a case. I accept that the Estate Office may hold the mutation on that ground without any liability to me.

11. Auto-mutation — what I ask for and what I accept

11.1 I request that, on registration of the Deed, mutation of the Property be effected in my name in the record of the Estate Officer, UT Chandigarh on the strength of this affidavit and of the documents accompanying the Deed, under the Standard Operating Procedure for Implementation of Auto-Mutation of Property based on Registered Property Deeds and the checklists dated 10 July 2025, without any separate application by me.

11.2 I accept that mutation is an entry in the Estate Office record, made so that the Administration knows whom to deal with and from whom to demand dues. It does not create, confirm, improve or cure title. My title is the registered Deed and the chain of title behind it, and no mutation entry repairs a defect in either.

11.3 I accept that the Estate Officer may at any time correct, re-open, modify, recall or cancel a mutation effected on the strength of this affidavit if any statement in it is found to be untrue or incomplete, or if any document produced with the Deed is found to be forged, altered, cancelled or otherwise invalid, and may do so without refunding anything I have paid and without prejudice to any other action under the Act or the Rules.

11.4 I accept that the mutation is subject to the recovery of every amount that may hereafter be found due in respect of the Property, for any period, whether before or after the date of the Deed.

11.5 I shall produce the original of any document referred to in this affidavit, and shall attend before the Assistant Estate Officer or the Estate Officer, whenever required to do so.

11.6 I am aware that change of ownership on a sale or gift deed is a notified service with a limit of 30 days under Chandigarh Administration, Department of Personnel Notification No. 28/67/1-IH(9)-2026/73238 dated 30 March 2026; that the designated officer is the Assistant Estate Officer; that first appeal lies to the Estate Officer and second appeal to the Secretary Estate; and that the period runs only from the submission of a complete application, which is why the completeness of the papers filed with the Deed matters more here than the passage of time.

12. The indemnity

12.1 In consideration of the Estate Officer, UT Chandigarh acting on this affidavit and mutating the Property in my name without a separate application and without independent enquiry into the matters I have sworn to, I bind myself, my heirs, executors, administrators, legal representatives, successors and assigns, and undertake to keep the President of India, the Chandigarh Administration, the Estate Officer, UT Chandigarh, the Chandigarh Housing Board where it is concerned, and every officer and servant of them, fully indemnified and at all times harmless against every loss, damage, cost, charge, expense, liability, claim, demand, penalty, interest and legal fee arising out of or in connection with the matters set out in Clause 12.2.

12.2 The indemnity covers, in particular:

(a) any claim made by any person to the Property, or to any share or interest in it, against the Administration or the Estate Officer, on the ground that the mutation ought not to have been made in my name;

(b) any loss arising from a statement in this affidavit being untrue, incomplete or misleading, whether or not I knew it to be so;

(c) every amount found due in respect of the Property for any period, including premium instalments, interest, ground rent, extension fees, penalties for delayed construction, and misuse or violation charges under Rule 10 of the Chandigarh Estate Rules, 2007;

(d) any loss arising from the mutation having been effected on a document that turns out to be forged, altered, cancelled, unstamped, inadequately stamped or otherwise invalid;

(e) the whole cost of defending, correcting or setting aside a mutation effected on the strength of this affidavit, including court fees and advocate's fees actually incurred;

(f) any liability arising out of unauthorised construction, deviation from the sanctioned plan, change of use or misuse on the Property, whenever it arose; and

(g) any liability arising out of the Property being transferred, or a building plan being sanctioned for it, contrary to the Public Notice referred to in Clause 10.

12.3 This indemnity is unlimited in amount. It is not restricted to the consideration recited in the Deed, nor to any figure recorded in the Estate Office file.

12.4 I shall pay any amount demanded under this bond within 15 days of a written demand. So far as the amount demanded is an amount due to Government in respect of the Property under the Capital of Punjab (Development and Regulation) Act, 1952 — that is, the amounts described in Clause 12.2(c), being premium, interest, ground rent, extension fees, penalties and misuse or violation charges — I accept that it is recoverable from me as an arrear of land revenue under section 8 of that Act. As to every other amount payable under this bond, including the costs and third-party claims described in Clauses 12.2(a), (b), (d) and (e), I make no admission that section 8 applies, and nothing in this bond is to be read as my agreeing that it does; the Estate Officer's remedy for those amounts is on this bond.

12.5 This bond creates no charge, mortgage, lien or other interest in the Property or in any other immovable property. It is a personal obligation of the Transferee, given so that it does not itself become an instrument requiring registration under section 17(1)(b) of the Registration Act, 1908.

12.6 The indemnity survives any further transfer of the Property by me, and binds my estate after my death to the extent of the estate that comes to the hands of my legal representatives.

12.7 Nothing in this bond limits the powers of the Estate Officer, the Chief Administrator or the Administrator under sections 8, 8-A, 10 or 15 of the Capital of Punjab (Development and Regulation) Act, 1952, or under Rules 7, 8, 9, 10, 14, 16, 18 or 19 of the Chandigarh Estate Rules, 2007.

13. What I undertake going forward

13.1 To pay, without demand and by the due date, every instalment of premium, ground rent, extension fee, service charge and other amount that becomes payable in respect of the Property.

13.2 To use the Property only for the purpose for which the site was allotted, and to obtain a relaxation under the proviso to Rule 9(i) before any change of use.

13.3 To carry out no construction, addition, alteration or re-erection except under a sanctioned plan, and to complete any construction within the period allowed by Rule 8.

13.4 To bear the stamp duty and the registration charges on the Deed and on this bond, as Rule 15 of the Chandigarh Estate Rules, 2007 places them on the transferee.

13.5 To apply to the Estate Office for permission before mortgaging the Property, before taking paying guests into it, and before doing anything else for which the Rules require prior permission.

13.6 To intimate the Estate Office in writing of any change in the address or mobile number given in Clause 1, and to accept that until I do so a communication sent to the address and number given there is good service on me.

14. Resumption, appeal, and the bar on the civil courts

14.1 I am aware of section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952, inserted by the Capital of Punjab (Development and Regulation) (Chandigarh Amendment) Act, 1973 (Central Act 17 of 1973), under which the Estate Officer may resume the site or building and forfeit money paid in respect of it after giving a show cause notice and an opportunity of being heard, and that the forfeiture shall in no case exceed ten per cent of the total amount of the consideration money, interest and other dues.

14.2 I am aware that section 9 of that Act was omitted by section 4 of the Chandigarh Amendment Act of 1973, and I place no reliance on it.

14.3 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, under section 10 of the Act and Rule 18 of the Chandigarh Estate Rules, 2007; that a revision against the Chief Administrator's order under those Rules lies to the Adviser to the Administrator, UT Chandigarh under Rule 18(iv); and that a revision against an order under sections 8 and 8-A of the Act lies to the Central Government under section 10(4). I shall pursue those remedies and no other.

14.4 I am aware that section 19 of the Act bars the jurisdiction of the civil courts in respect of the recovery of arrears and penalty under section 8, resumption and forfeiture under section 8-A, and any order made under the Act, and that I therefore have no civil suit against the Administration on those matters.

15. General

15.1 This document is both an affidavit and an indemnity bond. Every statement in Clauses 1 to 11 is sworn; every undertaking in Clauses 12 to 14 is a contractual obligation which I give in consideration of the mutation being effected. Neither half is to be read as weakening the other.

15.2 If any part of this document is held to be unenforceable, the rest of it continues to bind me.

15.3 I make this affidavit knowing that the Sub-Registrar will forward it with the Deed, and that the Estate Office will effect mutation in reliance on it without independent enquiry.

VERIFICATION

I verify at Chandigarh on __________ that the contents of paragraphs 1 to 15 of this affidavit-cum-indemnity bond are true and correct to my knowledge, that no part of it is false, that nothing material has been concealed from it, and that the documents produced with it are genuine.

I am aware that a false statement in this verification is an offence: as a false statement made on oath or affirmation before a person authorised by law to administer that oath, and, where this affidavit is used in or in relation to any judicial or quasi-judicial proceeding, as giving false evidence punishable under sections 227 and 229 of the Bharatiya Nyaya Sanhita, 2023. I am aware that it will also expose me to cancellation of the mutation and to action under the Capital of Punjab (Development and Regulation) Act, 1952.

DEPONENT

Signature: ______________________________

Name: __________

Permanent Account Number: __________

Address: __________

Mobile: __________

WITNESS 1

Signature: ______________________________

Name: ______________________________

Son / daughter / wife of: ______________________________

Address: ______________________________

Mobile: ______________________________

WITNESS 2

Signature: ______________________________

Name: ______________________________

Son / daughter / wife of: ______________________________

Address: ______________________________

Mobile: ______________________________

ATTESTATION

Solemnly affirmed and signed before me at Chandigarh on __________ by the deponent __________, who appeared before me in person and who is identified to my satisfaction.

Signature and seal: ______________________________

Notary appointed under the Notaries Act, 1952, or Oath Commissioner, or Executive Magistrate

Notarial register serial number: ______________________________

Date of entry in the register: ______________________________

Buy the stamp paper for Annexure-I in the name of the deponent, at the denomination you are quoted at the vendor's counter at 30 Bays Building or at the Estate Office counter, swear it before a notary or oath commissioner with every deponent appearing in person, and take it to the Sub-Registrar with the deed at the same visit — presentation is between 12.00 noon and 1.00 pm and registration between 3.00 pm and 5.00 pm. File as many copies of this annexure as the deed itself requires: a sale, transfer, gift or exchange deed of freehold urban property goes in triplicate, other deeds in respect of freehold urban property in duplicate. Every deponent signs each page as well as the signature block. Keep one signed original, and keep a print of the Know Your Dues page you relied on for Clause 7.

[Space for the notary's seal, register entry number and endorsement]