ਆਪਣੀ ਜਾਣਕਾਰੀ ਭਰੋ

APPLICATION FOR GRANT OF PERMISSION AND NO OBJECTION CERTIFICATE FOR TRANSFER OF LEASE RIGHTS

(Estate Office, U.T. Chandigarh — Annexure-1)

To

The Assistant Estate Officer
Office of the Estate Officer, U.T. Chandigarh
Town Hall Building, Sector 17-C
Chandigarh 160017

Date: __________

Place: __________

SUBJECT: Application under Rule 7 of the Chandigarh Estate Rules, 2007, read with sections 3 and 22 of the Capital of Punjab (Development and Regulation) Act, 1952, for grant of permission and a No Objection Certificate for transfer of the lease rights in __________, __________, Chandigarh, by way of __________

Sir / Madam,

The Applicant respectfully submits this application __________, and states as follows.

PART I — PARTICULARS OF THE PROPERTY

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

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

3. Basis of holding. The Property was acquired by way of __________, vide Allotment Letter No. __________ dated __________.

4. Lease deed, premium and ground rent. The original allotment letter, the lease deed and the ground rent receipts will be produced at the counter for verification, and are not resubmitted where they already form part of the Estate Office record.

PART II — THE APPLICANT (TRANSFEROR)

5. Particulars of the Applicant. __________, __________ __________, resident of __________, telephone __________ (together, the Applicant, whether one person or more).

6. Capacity in which the application is made. The Applicant stands on the records of the Estate Office as __________. Every person recorded as an allottee or lessee of the Property has signed this application, and each of them has sworn a separate affidavit in the terms of Annexure A. No share of the Property is being dealt with separately, and no fragmentation, division, bifurcation, apartmentalisation or amalgamation of the Property is proposed, Rule 16 of the Chandigarh Estate Rules, 2007 forbidding it.

PART III — THE PROPOSED TRANSFEREE

7. Particulars of the proposed Transferee. __________, __________ __________, resident of __________, telephone __________ (together, the Transferee, whether one person or more). The Transferee has signed the consent and undertaking at Annexure B to this application, and the Transferee's photograph, proof of identity and proof of address are enclosed.

PART IV — THE PROPOSED TRANSACTION

8. Nature of the proposed transaction. The Applicant proposes, subject to the permission now sought, that the leasehold rights in the Property be dealt with in favour of the Transferee by way of __________. Where the transaction is a sale, gift, exchange or family settlement, the whole of the Applicant's leasehold rights, title and interest in the Property is to pass to the Transferee, and no part of it is retained. Where the transaction is the addition or substitution of the name of a mother, father, spouse, son or daughter, which by Rule 7(iii) of the Chandigarh Estate Rules, 2007 is not a transfer, what is sought is the alteration of the Estate Office record accordingly, and no fragmentation, division, bifurcation or apartmentalisation of the Property is intended or effected by it.

9. No transfer before permission. The Applicant is aware that the Property cannot be transferred, and that no transfer deed in respect of it can be presented for registration before the Sub-Registrar, U.T. Chandigarh, until this permission is granted in writing and the transfer fee, or one-third of the unearned increase as the case may be, has been assessed by the Estate Office and paid. The Applicant will not part with possession of the Property, nor accept the balance consideration, until that has happened.

PART V — THE STATUTORY POSITION ON THIS PROPERTY

10. The fifteen-year bar under Rule 7(i). __________

11. Unearned increase under Rule 7(ii). __________ The Applicant is aware that the unearned increase is 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 of the Property assessed on the average auction price for the same category of site over the last three financial years; and that the Applicant is entitled to notice and a hearing before that assessment is finalised.

12. Construction and occupation. __________

13. Use and misuse. The Property is at present being used for the following purpose: __________. The Applicant states that __________ The Applicant is 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. The Applicant respectfully submits, 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 Applicant craves leave to be heard on that question before any charge is assessed.

14. Dues. The Applicant states that __________ A User Account Statement for the Property has been generated from estateoffice.chd.gov.in and is enclosed. The Applicant is 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.

15. Mortgage or other charge. The Applicant states that __________

16. Litigation and encumbrance. The Applicant states that __________

17. The public notice effective 10 February 2023. __________ The Applicant is aware that, following 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, the public notice of the Estate Officer effective 10 February 2023 keeps open only building plans where all co-owners belong to the same family, transfers within the family by any instrument irrespective of share, wills bequeathing shares only within the family, and transfers where one hundred per cent of the property is acquired by one person or by persons of the same family; that change of ownership continues for all deeds registered up to 10 January 2023; and that for residential properties outside those categories transfer and change of ownership stand stopped pending the decision of the Chandigarh Heritage Conservation Committee. The Applicant prays that the position stated above be considered before the application is decided, and that the Applicant be heard should this Office take a different view of it.

18. Earlier dealings with the Property. Save as stated above and as appears from the records of the Estate Office, the Applicant has not agreed to sell, gift, exchange, mortgage or otherwise deal with the Property in favour of any other person, and no agreement, receipt or power of attorney in respect of the Property subsists in favour of any other person.

PART VI — PRAYER

19. The Applicant therefore prays that this Office may be pleased to:

(a) grant permission under Rule 7 of the Chandigarh Estate Rules, 2007 for the transfer of the leasehold rights in the Property in favour of the Transferee, or for the alteration of the Estate Office record in favour of the Transferee where the transaction is one to which Rule 7(iii) applies, by way of __________;

(b) assess and communicate the transfer fee, and one-third of the unearned increase where it is payable, so that the Applicant may deposit the amount and produce the receipt;

(c) issue the No Objection Certificate in writing, so that the transfer deed may be executed and presented for registration before the Sub-Registrar, U.T. Chandigarh; and

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

PART VII — UNDERTAKINGS BY THE APPLICANT

20. The Applicant undertakes:

(a) to deposit the transfer fee, and one-third of the unearned increase where it is assessed as payable, within the time allowed by the Estate Office, and in any event before the transfer deed is presented for registration;

(b) to clear every outstanding amount against the Property — premium, instalments, interest, ground rent, penalty, misuse charges and any other charge — before the No Objection Certificate is acted upon;

(c) not to execute, and not to permit the execution of, any transfer deed in respect of the Property before the permission applied for is granted in writing;

(d) to inform the Estate Office in writing at once if the proposed transaction is abandoned or if the identity of the Transferee changes, and to surrender the No Objection Certificate in that event;

(e) not to seek or permit any fragmentation, division, bifurcation, apartmentalisation or amalgamation of the Property, whether before or after the transfer;

(f) to abide by the conditions of the allotment, of the lease deed and of the Chandigarh Estate Rules, 2007 until the transfer is completed and the change of ownership is recorded;

(g) to make good, without demur, any amount lawfully found short-assessed on account of the unearned increase, the transfer fee, ground rent or misuse charges in respect of any period up to the date of transfer; and

(h) to indemnify the Chandigarh Administration and the Estate Officer against any loss, claim or proceeding arising from any statement in this application being found untrue.

PART VIII — DECLARATION AND VERIFICATION

21. The Applicant declares that the contents of paragraphs 1 to 20 above are true to the Applicant's own knowledge, that nothing material has been concealed, and that no part of them is false. The Applicant is aware that a permission or No Objection Certificate obtained on a false statement is liable to be withdrawn, and 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.

Verified at __________ on __________.

Yours faithfully,

___________________________
__________
Applicant / Lessee
Telephone: __________

(Where there are more than two recorded lessees, add a signature line for each of them here. Every recorded lessee must sign.)

ANNEXURE A — AFFIDAVIT-CUM-UNDERTAKING BY THE APPLICANT

(One affidavit per deponent. Every person recorded as an allottee or lessee swears an affidavit in these terms, and so does any attorney who is acting, in that capacity. Each is a separate instrument on its own non-judicial stamp paper of the denomination the Estate Office counter requires, sworn separately before a Notary Public practising in Chandigarh or an Oath Commissioner, and carrying its own notarial register entry. A pack with two applicants and one affidavit is not complete.)

BEFORE THE ASSISTANT ESTATE OFFICER, U.T. CHANDIGARH

In the matter of: application dated __________ for permission and a No Objection Certificate for transfer of the lease rights in __________, __________, Chandigarh.

AFFIDAVIT

I, __________, __________ __________, resident of __________, do hereby solemnly affirm and declare as follows:

1. That I am the deponent and __________, and I am competent to swear this affidavit.

1. That the Property described in the Schedule to my application dated __________ was acquired by way of __________, vide Allotment Letter No. __________ dated __________, and that I am the recorded lessee of it and hold it in the manner stated in paragraph 13 of that application.

1. That I propose to deal with my leasehold rights in the Property in favour of __________, __________ __________, by way of __________, on the footing set out in paragraph 8 of my application, and that I have not agreed to transfer the Property, or any part of it or any interest in it, to any other person.

1. That no agreement to sell in respect of the Property subsists in favour of any person other than the Transferee, and that no power of attorney conferring a right to deal with the Property subsists in favour of any person other than the attorney, if any, named in my application.

1. That __________

1. That __________

1. That __________

1. That __________

1. That I undertake to pay the transfer fee, and one-third of the unearned increase where it is found payable under Rule 7(ii) of the Chandigarh Estate Rules, 2007, as assessed by the Estate Office, before the transfer deed is presented for registration.

1. That I shall remain answerable for any amount lawfully found due against the Property in respect of any period up to the date on which the transfer is recorded, and I indemnify the Chandigarh Administration accordingly.

1. That the statements made in my application dated __________ and in this affidavit are true and correct, and that nothing material has been concealed.

DEPONENT

___________________________
__________

VERIFICATION

Verified at __________ on _______________ that the contents of paragraphs 1 to 11 of this affidavit are true and correct to my knowledge, that no part of them is false, and that nothing material has been concealed.

___________________________
DEPONENT

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

ANNEXURE B — CONSENT AND UNDERTAKING BY THE PROPOSED TRANSFEREE

To

The Assistant Estate Officer
Office of the Estate Officer, U.T. Chandigarh
Town Hall Building, Sector 17-C, Chandigarh 160017

I / We, __________, __________ __________, resident of __________, telephone __________, say and undertake as follows in support of the application dated __________ made by __________:

1. That I have agreed to be brought on to the record of the Estate Office in respect of __________, __________, Chandigarh, by way of __________, and, where that transaction is a sale, gift, exchange or family settlement, to acquire the whole of the leasehold rights in it, in every case subject to the permission of the Estate Officer.

1. That I have inspected the Property and the Estate Office record relating to it, including the User Account Statement, and that I accept the Property subject to the terms and conditions of the allotment, of the lease deed and of the Chandigarh Estate Rules, 2007.

1. That I undertake to bear the stamp duty and the registration charges on the transfer deed, as Rule 15 of the Chandigarh Estate Rules, 2007 requires of the transferee, and to bear such part of the transfer fee and of the unearned increase as I have agreed with the Applicant to bear.

1. That I undertake to use the Property only for the purpose for which it was allotted, not to misuse any part of it, and not to seek or permit any fragmentation, division, bifurcation, apartmentalisation or amalgamation of it.

1. That I undertake to pay the ground rent and every other charge falling due in respect of the Property from the date of transfer, and that I accept liability, jointly with the Applicant, for any amount lawfully found short-assessed for an earlier period that is recoverable in respect of the Property.

1. That I am aware that the change of ownership in the Estate Office record follows automatically on registration of the transfer deed at the office of the Sub-Registrar, U.T. Chandigarh, and that the affidavit and indemnity documents required at registration must therefore be complete and correct at that stage.

1. That my photograph, proof of identity and proof of address are enclosed.

___________________________
__________
Proposed Transferee

Place: __________

Date: __________

WITNESSES TO THE SIGNATURE OF THE PROPOSED TRANSFEREE

1. ___________________________
__________
__________

2. ___________________________
__________
__________

SCHEDULE — THE PROPERTY

All that piece of land and the building standing on it known as __________, __________, Chandigarh, within the Union Territory of Chandigarh, being __________, measuring __________, allotted by way of __________ vide Allotment Letter No. __________ dated __________, together with everything standing on the site and every right, easement and appurtenance belonging to it.

LIST OF ENCLOSURES

A document already on the Estate Office record need not be produced again. Subject to that, the following are enclosed:

• Copy of Allotment Letter No. __________ dated __________.
• User Account Statement of the Property, generated from estateoffice.chd.gov.in.
• Latest ground rent and instalment payment receipts.
• Affidavit-cum-undertaking of the Applicant at Annexure A, duly sworn.
• Separate affidavit-cum-undertaking, in the terms of Annexure A, of every other recorded lessee and of any attorney acting, duly sworn.
• Consent and undertaking of the Transferee at Annexure B.
• Photographs, proof of identity and proof of address of the Applicant and of the Transferee.
• Copy of the sanctioned building plan and of the completion or occupation certificate, where the site is built upon.

FOR OFFICE USE — ACKNOWLEDGEMENT OF RECEIPT

Received an application dated __________ from __________ for permission and a No Objection Certificate for transfer of the lease rights in __________, __________, Chandigarh.

Diary No. _____________ Date of receipt _____________

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: fifty days from the submission of a complete application; forty days where a public notice is required, of which twenty days run after the notice.

___________________________
Signature and stamp of the receiving official