अपनी जानकारी भरिए

CHANDIGARH HOUSING BOARD — TRANSFER PACK FOR A LEASEHOLD DWELLING UNIT

Part A is the application to the Accounts Officer for a No Dues Certificate. Part B is the joint application by the Allottee and the Purchaser to the Secretary for a No Objection Certificate for transfer of lease rights, made under section 2.1 of the Board's Citizens' Charter dated 27 September 2022 read with Regulation 16 of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979. Annexures A to D are the two affidavits and the two indemnity bonds the Board's checklist requires. Annexure E is filed only where an attorney is acting. This pack is drafted throughout for a residential dwelling unit; a convenient shop, small booth, bay shop or shop-cum-flat is not covered by it.

PART A — APPLICATION FOR ISSUANCE OF A NO DUES CERTIFICATE

To

The Accounts Officer (Branch Head)
Chandigarh Housing Board
8 Jan Marg, Sector 9
Chandigarh 160009

Place: __________

Date: __________

SUBJECT: Application for issuance of a No Dues Certificate in respect of __________, __________, Chandigarh.

Sir / Madam,

1. The Applicant. __________, __________ __________ (the Allottee), being the allottee or allottees of record of the Dwelling Unit described below.

2. Correspondence address. __________.

3. Contact. Mobile __________.

4. Identification. Self-attested copies of photo identity proof, Aadhaar card and PAN card of the Applicant are enclosed.

5. The Dwelling Unit. __________, __________, Chandigarh, of the __________ category (the Dwelling Unit).

6. Registration number. __________.

7. Allotment and possession. The Dwelling Unit was allotted vide Allotment Letter No. __________ dated __________, and physical possession of it was delivered to the Allottee on __________.

8. Details of payments made. __________

9. Purpose of this application. The No Dues Certificate is required so that a self-attested copy of it may be enclosed with the joint application at Part B below for the grant of a No Objection Certificate for transfer of the lease rights in the Dwelling Unit.

10. Undertaking. The Applicant undertakes to pay forthwith any amount found outstanding on scrutiny of the Board's account for the Dwelling Unit, whether on account of premium, instalments, interest, ground rent, penalty, service charges or goods and services tax, and accepts that the certificate applied for speaks only as at its own date.

11. Enclosures to Part A.

(a) This application form, signed and dated on every page.
(b) Self-attested copy of photo identity proof, Aadhaar card and PAN card of the Applicant.
(c) Details of payments made, with copies of the receipts and challans referred to in paragraph 8.

Yours faithfully,

_____________________________
__________
Allottee / Applicant
Mobile: __________

(Where more than two allottees stand on the Board's record, add a signature line for each of them here. Every recorded allottee must sign, and every page must be signed and dated.)

PART B — JOINT APPLICATION FOR GRANT OF A NO OBJECTION CERTIFICATE FOR TRANSFER OF LEASE RIGHTS

To

The Secretary
Chandigarh Housing Board
8 Jan Marg, Sector 9
Chandigarh 160009

Date: __________

Place: __________

SUBJECT: Joint application under section 2.1 of the Chandigarh Housing Board Citizens' Charter dated 27 September 2022, read with Regulation 16 of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979, for the grant of a No Objection Certificate for transfer of the lease rights in __________, __________, Chandigarh, by way of __________.

Sir / Madam,

The Allottee and the Purchaser apply jointly, as section 2.1 of the Board's Citizens' Charter requires, and respectfully state as follows.

PART B-I — THE DWELLING UNIT

1. The Dwelling Unit. __________, __________, Chandigarh, of the __________ category, carried on the Board's record under Registration No. __________ (the Dwelling Unit), described more fully in the Schedule at the end of this application.

2. Allotment and possession. The Dwelling Unit was allotted vide Allotment Letter No. __________ dated __________, and physical possession of it was delivered to the Allottee on __________.

3. Tenure. The Applicants state that __________, and that __________.

4. Present use. The Dwelling Unit is at present being used for __________, and for no other purpose.

PART B-II — THE ALLOTTEE (TRANSFEROR)

5. Particulars of the Allottee. __________, __________ __________, resident of __________, mobile __________ (together the Allottee). Every person standing on the Board's record as allottee or transferee of the Dwelling Unit has signed this application, has sworn a separate affidavit in the terms of Annexure A and has executed a separate indemnity bond in the terms of Annexure B.

PART B-III — THE PURCHASER (TRANSFEREE)

6. Particulars of the Purchaser. __________, __________ __________, resident of __________, mobile __________ (together the Purchaser). The Purchaser has signed this application, has sworn the affidavit at Annexure C and has executed the indemnity bond at Annexure D, and self-attested copies of the Purchaser's photo identity proof, Aadhaar card and PAN card, together with three self-attested photographs and specimen signatures, are enclosed.

PART B-IV — THE PROPOSED TRANSACTION

7. Nature of the proposed transaction. The Allottee proposes, subject to the permission now sought, that the lease rights in the Dwelling Unit be transferred in favour of the Purchaser by way of __________. The whole of the Allottee's interest in the Dwelling Unit is to move; no share, portion or floor of it is being carved out, and no fragmentation of the site is intended or will be sought.

8. The instrument proposed. On the grant of the No Objection Certificate the Applicants will execute a deed of transfer of the lease rights in the Dwelling Unit by way of __________, and will present it for registration before the Sub-Registrar, U.T. Chandigarh, 30 Bays Building, Sector 17, within the time allowed by section 23 of the Registration Act, 1908.

9. No transfer before permission. The Applicants are aware, and state, that the lease rights in the Dwelling Unit cannot be transferred and no such deed can be executed or presented for registration until the No Objection Certificate applied for is granted in writing, and that any deed executed before then is liable to be treated by the Board as a breach of the conditions of allotment.

PART B-V — THE BOARD'S GENERAL CONDITIONS

10. The lock-in period. The Applicants state that __________.

11. Dues. The Applicants state that __________. The Applicants accept that any amount found due on scrutiny, whether on account of premium, instalments, interest, ground rent, penalty, service charges or goods and services tax, must be paid before the No Objection Certificate is acted upon.

12. Competence to contract. Each of the Applicants is of sound mind, is eighteen years of age or above, and is not disqualified from contracting by any law to which that Applicant is subject.

13. Litigation and title. The Applicants state that __________. The Dwelling Unit is transferable and there is no defect in its title known to the Applicants.

14. Mortgage and charge. The Applicants state that __________.

15. Building violation, misuse and inspection. The Applicants state, to the best of their knowledge, that __________. The Purchaser accepts personal liability for settling every quasi-judicial proceeding pending on account of building violation, misuse or unauthorised construction in respect of the Dwelling Unit, for the composition fee and misuse charges and any other charge that may be levied or demanded at any later stage by the Board or by any other authority, and undertakes to remove or regularise any such violation, misuse or unauthorised construction in accordance with the rules and procedure.

16. Signature on every page. Every page of this application, of the declaration and of the documents submitted with it has been signed and dated by the Applicants, as general condition 7 of section 2.1 of the Board's Citizens' Charter requires.

PART B-VI — FEES AND CHARGES

17. Processing fee and publication charges. A processing fee of __________ and publication charges of __________, being the amounts payable for the __________ category under Annexure 'B' to the Board's Citizens' Charter dated 27 September 2022, have been deposited, together with goods and services tax as applicable. Receipts are enclosed. The Applicants understand that publication charges are not refundable once the public notice has been published.

18. Transfer fee and unearned increase. The Applicants are aware that the Board will assess and demand the transfer fee prescribed by Annexure 'B' to its Citizens' Charter dated 27 September 2022 for a transfer of a residential dwelling unit by way of __________ — being fifteen per cent of the revised consideration money, or of the unearned increase as notified by the Chandigarh Administration, on a consensual transfer, and two and a half per cent on a transfer within blood relation or on the addition or deletion of the name of a spouse — together with goods and services tax as applicable, and that where no consideration money passes the fee falls to be computed on the unearned increase alone. The Applicants understand that the No Objection Certificate will issue only on payment of the amount so assessed, and undertake to deposit it within the time allowed and to produce the receipt.

PART B-VII — PRAYER

19. The Applicants therefore jointly pray that the Board may be pleased to:

(a) grant permission under section 2.1 of the Board's Citizens' Charter dated 27 September 2022, read with Regulation 16 of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979, for transfer of the lease rights in the Dwelling Unit in favour of the Purchaser by way of __________;

(b) cause the public notice to be issued and, no valid objection being received, assess and communicate the transfer fee or unearned increase payable so that the Applicants may deposit it and produce the receipt;

(c) issue the No Objection Certificate in writing naming the Purchaser, so that the deed of transfer of the lease rights 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 B-VIII — UNDERTAKINGS

20. The Allottee and the Purchaser jointly and severally undertake:

(a) to deposit the transfer fee or unearned increase, and every other charge assessed by the Board, within the time allowed and in any event before the transfer deed is presented for registration;

(b) to clear every outstanding amount against the Dwelling Unit before the No Objection Certificate is acted upon;

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

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

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

(f) to abide by the conditions of the allotment letter, of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 and of the Capital of Punjab (Development and Regulation) Act, 1952 and the rules made under it, and to execute and register a Sub-Lease Deed with the Board as and when the Board so requires;

(g) to apply to the Branch Head (Accounts Officer) for mutation of the Board's record on the basis of the registered deed once it has been registered, the Board's record not being altered automatically on registration;

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

(i) to indemnify the Chandigarh Housing Board, its Secretary and its employees against any loss, claim or proceeding arising from any statement in this application being found untrue.

PART B-IX — DECLARATION AND VERIFICATION

21. The Applicants declare that the contents of paragraphs 1 to 20 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 No Objection Certificate obtained on a false or incomplete statement is liable to be withdrawn, that the transfer founded on it is liable to be set aside, and that action may follow for making a false statement.

Verified at __________ on __________.

Yours faithfully,

THE ALLOTTEE (TRANSFEROR)

_____________________________
__________
Mobile: __________

THE PURCHASER (TRANSFEREE)

_____________________________
__________
Mobile: __________

(Where more than two persons stand on either side, add a signature line for each of them here.)

THE SCHEDULE

All that dwelling unit of the __________ category bearing __________, situate at __________, Chandigarh, in the Union Territory of Chandigarh, allotted by the Chandigarh Housing Board vide Allotment Letter No. __________ dated __________, carried on the Board's record under Registration No. __________, together with the undivided proportionate interest in the land beneath and in the common portions and common services appurtenant to it, and together with all fittings, fixtures, easements and appurtenances belonging to it, held on leasehold basis from the Board on the terms of the allotment.

PART B-X — ENCLOSURES

1. This joint application form, signed and dated on every page.
2. Affidavit of the Allottee (Annexure A), on judicial stamp paper of Rs 5 or more, attested by a Notary Public or an Executive Magistrate — one for each recorded allottee.
3. Indemnity Bond of the Allottee (Annexure B), on stamp paper of Rs 15 or more — one for each recorded allottee.
4. Affidavit of the Purchaser (Annexure C), on judicial stamp paper of Rs 5 or more, attested by a Notary Public or an Executive Magistrate — one for each purchaser.
5. Indemnity Bond of the Purchaser (Annexure D), on stamp paper of Rs 15 or more — one for each purchaser.
6. Three self-attested photographs of each Applicant together with specimen signatures, on the Board's sheet, the signature running partly across the photograph and partly on the sheet.
7. Self-attested copies of photo identity proof, Aadhaar card and PAN card of each Applicant.
8. Self-attested copies of the identity proof of both witnesses to the indemnity bonds.
9. Receipts for the publication and processing charges.
10. Self-attested copy of the allotment letter and of every transfer letter in the chain.
11. The No Dues Certificate. The application for it is at Part A of this pack, filed on __________; where the certificate has not yet issued, a self-attested copy of it is to be filed the moment it does, the Board's twenty-working-day clock running only from a complete application.
12. Clearance of loan or no objection certificate from the mortgagee, in original, where the Dwelling Unit is mortgaged.

Note: any document prepared or executed outside India must first be embossed by the Office of the Finance Department, Chandigarh Administration.

ANNEXURE A — AFFIDAVIT OF THE SELLER / DONOR / TRANSFEROR

(For the grant of a No Objection Certificate for sale, gift or transfer of lease rights. On judicial stamp paper of Rs 5 or more. To be sworn before a Notary Public or an Executive Magistrate. A separate affidavit is required from each recorded allottee.)

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

1. That I am the allottee of record and the absolute and undisputed holder of the lease rights in __________, __________, Chandigarh, of the __________ category, allotted vide Allotment Letter No. __________ dated __________ and carried on the record of the Chandigarh Housing Board under Registration No. __________ (the Dwelling Unit), physical possession of which was delivered to me on __________.

1. That I apply for the grant of a No Objection Certificate for transfer of the lease rights in the Dwelling Unit by way of __________ in favour of __________, __________ __________, resident of __________.

1. That __________, and that the Dwelling Unit is otherwise free from encumbrance, charge and lien, and that there is no stipulation restricting its transfer save the conditions of the allotment and of the Board's Regulations.

1. That __________, and that no stay operates against the sale, transfer, gift or alteration of the Dwelling Unit.

1. That __________. I shall pay any amount found outstanding on scrutiny of the Board's account for the Dwelling Unit, whether on account of premium, instalments, interest, ground rent, penalty, service charges or goods and services tax.

1. That __________.

1. That __________, and that __________.

1. That the Dwelling Unit is being used for __________, and that to the best of my knowledge __________. That in the case of any building violation, misuse or unauthorised construction in the Dwelling Unit, the transferee shall be personally liable for settling the quasi-judicial proceedings pending on that account and shall pay the composition fee as well as the misuse charges and any other applicable charge as may be levied and demanded by the Chandigarh Housing Board or any other authority or agency at any later stage, and the transferee will remove or regularise the building violation, misuse or unauthorised construction in accordance with the rules and procedure and undertakes to deposit the charges and penalty for the building violations, if any.

1. That the transferee shall be personally liable for settling all court cases and dues so levied by the Chandigarh Housing Board or any other authority or agency for settling the past liabilities.

Place: __________

Dated: __________

_____________________________
__________
DEPONENT

VERIFICATION

I, the above-named deponent, do hereby verify that the contents of paragraphs 1 to 9 of this affidavit are true and correct to the best of my knowledge and belief, and that nothing has been concealed therein.

Place: __________

Dated: __________

_____________________________
DEPONENT

ANNEXURE B — INDEMNITY BOND OF THE SELLER / DONOR / TRANSFEROR

(For the grant of a No Objection Certificate for sale, gift or transfer. On stamp paper of Rs 15 or more. A separate bond is required from each recorded allottee.)

This Indemnity Bond is made at __________ on __________ by __________, __________ __________, resident of __________ (the Executant).

WHEREAS the Executant has applied for the issuance of a No Objection Certificate for transfer of the lease rights, by way of __________, in respect of __________, __________, Chandigarh, carried on the record of the Chandigarh Housing Board under Registration No. __________, in favour of __________, __________ __________.

NOW THIS INDEMNITY BOND WITNESSES AS UNDER:

1. That the Executant shall remain liable to indemnify the Secretary, Chandigarh Housing Board, U.T. Chandigarh and its employees for all losses arising from the grant of the No Objection Certificate, and shall make good any such loss.

1. That if any legal heir or other person agitates this transfer in any court of law, the litigation shall be defended by the Executant alone and at the Executant's own cost.

1. That if any legal heir or other person makes any claim in respect of the said Dwelling Unit, the litigation shall be defended by the Executant, and the loss suffered by the Secretary, Chandigarh Housing Board, U.T. Chandigarh or by any of its employees shall be made good by the Executant personally and out of the Executant's properties.

1. That the Executant shall remain liable for every amount found due to the Board in respect of the Dwelling Unit for any period up to the date of transfer, notwithstanding the issue of the No Objection Certificate.

IN WITNESS WHEREOF the Executant has set his or her hand to this bond at __________ on __________ in the presence of the following witnesses.

_____________________________
__________
EXECUTANT

Witness No. 1

_____________________________
Name: __________
Address: __________

Witness No. 2

_____________________________
Name: __________
Address: __________

ANNEXURE C — AFFIDAVIT OF THE PURCHASER / DONEE / TRANSFEREE

(For the grant of a No Objection Certificate for sale, gift or transfer of lease rights. On judicial stamp paper of Rs 5 or more. To be sworn before a Notary Public or an Executive Magistrate. A separate affidavit is required from each purchaser.)

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

1. That I have agreed to accept the transfer, by way of __________, of the lease rights in __________, __________, Chandigarh, of the __________ category, carried on the record of the Chandigarh Housing Board under Registration No. __________ (the Dwelling Unit), from its allottee __________, __________ __________, resident of __________.

1. That I undertake to pay all sums due to the Secretary, Chandigarh Housing Board, U.T. Chandigarh in connection with the Dwelling Unit, and to abide by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 and the rules framed under it, by the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979, and by the conditions mentioned in the allotment letter.

1. That in the case of any building violation, misuse or unauthorised construction in the Dwelling Unit, I shall be personally liable for settling the quasi-judicial proceedings pending on that account and shall pay the composition fee as well as the misuse charges and any other applicable charge as may be levied and demanded by the Chandigarh Housing Board or by any other authority or agency at any later stage.

1. That I will remove or regularise any building violation, misuse or unauthorised construction in accordance with the rules and procedure, and undertake to deposit the charges and penalty for the building violations, if any.

1. That I shall be personally liable for settling all court cases and all dues levied by the Chandigarh Housing Board or by any other authority or agency in settling the past liabilities in respect of the Dwelling Unit.

1. That I will not make any fragmentation, division, bifurcation or apartmentalisation of the site or of the Dwelling Unit.

1. That the Dwelling Unit is being used for __________ and will be used for the purpose prescribed in the allotment letter, or for such activities and to such extent as have been allowed by the Chandigarh Housing Board, and for no other purpose.

1. That I am of sound mind, am eighteen years of age or above, and am not disqualified from contracting by any law to which I am subject.

1. That my specimen signatures are as under:

(i) __________________ (ii) __________________ (iii) __________________

Place: __________

Dated: __________

_____________________________
__________
DEPONENT

VERIFICATION

I, the above-named deponent, do hereby verify that the contents of paragraphs 1 to 9 of this affidavit are true and correct to the best of my knowledge and belief, and that nothing has been concealed therein.

Place: __________

Dated: __________

_____________________________
DEPONENT

ANNEXURE D — INDEMNITY BOND OF THE PURCHASER / DONEE / TRANSFEREE

(For the grant of a No Objection Certificate for sale, gift or transfer of lease rights. On stamp paper of Rs 15 or more. A separate bond is required from each purchaser.)

This Indemnity Bond is made at __________ on __________ by __________, __________ __________, resident of __________ (the Executant).

WHEREAS the Executant has agreed to accept the transfer of the lease rights, by way of __________, in respect of __________, __________, Chandigarh, carried on the record of the Chandigarh Housing Board under Registration No. __________, from its allottee __________, who has applied for the issuance of a No Objection Certificate in favour of the Executant.

AND WHEREAS the Executant shall be personally liable for settling all court cases and all dues levied for settling the past liabilities in respect of the said Dwelling Unit.

AND WHEREAS the Executant shall remove any building violation or misuse in respect of the said Dwelling Unit.

NOW THIS INDEMNITY BOND WITNESSES AS UNDER:

1. That the Executant shall remain liable to indemnify the Secretary, Chandigarh Housing Board, U.T. Chandigarh and its employees against all losses, damages and claims on account of the transfer of this property.

1. That if any person makes any claim in respect of the said Dwelling Unit, the litigation shall be defended by the Executant, and the loss suffered by the Secretary, Chandigarh Housing Board, U.T. Chandigarh shall be made good by the Executant personally and out of the Executant's properties.

1. That the said Dwelling Unit is taken free from all encumbrances save such subsisting charge as has been disclosed to the Board in the joint application to which this bond is annexed, that it is not otherwise charged, mortgaged or alienated in any manner, and that no underhand sale is involved in respect of it.

1. That the Executant will apply to the Branch Head (Accounts Officer) of the Chandigarh Housing Board for mutation of the Board's record on the basis of the registered deed once it has been registered.

IN WITNESS WHEREOF the Executant has set his or her hand to this bond at __________ on __________ in the presence of the following witnesses.

_____________________________
__________
EXECUTANT

Witness No. 1

_____________________________
Name: __________
Address: __________

Witness No. 2

_____________________________
Name: __________
Address: __________