AFFIDAVIT OF THE POWER OF ATTORNEY HOLDER
(Estate Office Annexure-11 — the Estate Office prints this annexure for stamp paper worth Rs 15; read the note on stamping before you buy the paper. To be duly attested by a Notary.)
FILED WITH: __________
IN THE MATTER OF: __________, __________, Chandigarh, and of __________ made or applied for through a power of attorney.
I, __________, __________ __________, resident of __________ (the "Deponent"), do hereby solemnly affirm and declare as under.
1. Who I am, and what I hold
1.1 I am the holder of a __________ dated __________ (the "Power"), executed in my favour by __________, __________ __________, resident of __________ (the "Executant").
1.2 The Executant is __________ of __________% share in __________, __________, Chandigarh, being a __________ held on a __________ basis (the "Property").
1.3 A copy of the Power, certified and attested by a Notary Public, is annexed to this affidavit, and the original is in my possession and is produced for inspection.
1.4 How the Power reached me, and the chain of authority behind it: __________
1.5 I am the person named as attorney in the Power. I am a major, of sound mind, and competent to swear this affidavit.
2. That the Executant is alive
2.1 The Executant is alive as on the date of this affidavit. I have satisfied myself of that fact by direct enquiry and have not merely assumed it.
2.2 To my knowledge no proceeding for a declaration that the Executant is of unsound mind, and no insolvency proceeding against the Executant, is pending before any authority or court.
3. That the Power has not been revoked
3.1 The Power has not been revoked, cancelled, suspended, superseded, varied or otherwise determined, in whole or in part. It is valid, subsisting and operative as on the date of this affidavit.
3.2 No deed of revocation or cancellation of the Power has, to my knowledge, been executed, registered or published; no notice of revocation has been served on me or brought to my knowledge; and I have received no intimation from the Executant, or from anyone on the Executant's behalf, that the Power is at an end.
3.3 __________
3.4 I am aware that under section 201 of the Indian Contract Act, 1872 an agency is terminated by revocation by the principal, by renunciation by the agent, by completion of the business, or by the principal dying, becoming of unsound mind or being adjudicated an insolvent; and that under section 208 of that Act the termination of an agent's authority does not take effect as regards the agent before it becomes known to him, or as regards third persons before it becomes known to them. It is because that knowledge lies with me, and not with the authority reading this affidavit, that this affidavit is asked for.
4. That there is no under-hand sale
4.1 There is no under-hand sale, and no arrangement, understanding or agreement amounting to a sale, between the Executant — whether as allottee, lessee or owner of the Property — and me as the holder of the Power. I hold the Power as the agent of the Executant and in no other capacity.
4.2 I have paid the Executant no sale price, consideration, earnest money, advance or other sum for the Property, whether in cash, by transfer or in kind; the Executant has received no such sum from me or from any person on my behalf; and no such payment stands agreed to be made. I have no beneficial interest of my own in the Property.
4.3 The Power has not been executed to circumvent the provisions of the Indian Stamp Act, 1899. It is not a substitute for a conveyance, it is not intended to operate as one, and it has not been used to avoid or postpone any stamp duty or registration fee payable on a transfer of the Property.
4.4 I am aware that the Supreme Court held in Suraj Lamp & Industries (P) Ltd. (II) v. State of Haryana, (2012) 1 SCC 656, decided on 11 October 2011, that a transaction of sale by general power of attorney, agreement to sell and will does not convey title, and that immovable property is transferred only by a registered deed of conveyance. Nothing in the Power, and nothing done by me under it, transfers to me any right, title or interest in the Property.
5. That the Power covers what I am doing
5.1 The instrument or application in respect of which this affidavit is filed is __________.
5.2 Under the Power I am authorised to do the following, and I am doing nothing beyond it:
__________
5.3 The Power confers on me no authority greater than the Executant himself or herself possesses. I am not aware of any decree, order, attachment, injunction, statutory restriction or third-party claim that prevents the Executant, or me acting under the Power, from doing those acts.
5.4 I shall perform those acts personally. I have not delegated, and shall not delegate, any authority under the Power to any other person unless the Power expressly permits delegation.
6. That the copy produced is a true copy
6.1 The copy of the Power produced with this affidavit is a true, complete and unaltered copy of the original. Nothing in the Power has been erased, interlineated, overwritten or altered since it was executed, and no page of it has been withheld.
7. What I undertake
7.1 I shall inform the authority named at the head of this affidavit, and the Estate Officer, U.T., Chandigarh, in writing and immediately, on becoming aware that the Executant has died, has become of unsound mind or has been adjudicated an insolvent; or that the Power has been revoked, cancelled, suspended or varied; or that any statement in this affidavit has ceased to be true.
7.2 On any of those events I shall stop acting under the Power at once and shall present no further instrument or application under it — except where the Power is one coupled with an interest and is therefore not determined by that event under section 202 of the Indian Contract Act, 1872, in which case I shall not act further without first stating in writing to that authority what has happened and on what ground the Power is said to continue.
7.3 I shall produce the original Power, and such further evidence of the Executant's subsistence and of the Power's continuance as is reasonably required, on written demand.
7.4 I accept that the authority named at the head of this affidavit may at any time, without giving reasons, require the Executant's own signature, presence or fresh confirmation, and may decline to act on the Power; and that its acceptance of this affidavit does not oblige it to act on the Power.
8. Indemnity
8.1 I shall indemnify, and keep indemnified, the Estate Officer, U.T., Chandigarh, the Chandigarh Administration, and the authority named at the head of this affidavit, together with their officers and employees, against all loss, damage, liability, claims, demands, costs and expenses (including reasonable legal costs) suffered or incurred by reason of any statement in this affidavit being untrue, inaccurate or misleading when made, or by reason of any breach by me of paragraph 7.
8.2 If any person makes a claim in respect of the Property founded on the Power, or on anything done by me under it, I shall defend that claim at my own cost and shall make good any loss that the Estate Officer, U.T., Chandigarh or that authority suffers on account of it.
8.3 This is a personal indemnity, given out of my own assets. It creates no charge, mortgage or lien over any immovable property, and it is not a guarantee of anything owed by the Executant.
9. Where and before whom this affidavit is sworn
9.1 This affidavit is sworn before __________.
VERIFICATION
Verified at __________ on __________ that the contents of paragraphs 1 to 9 of this affidavit are true and correct to the best of my knowledge and belief, that nothing material has been concealed from it, and that no part of it is false. I am aware that swearing a false affidavit is an offence.
_______________________________
__________
DEPONENT
__________
WITNESSES
- Signature: _______________________________
Name and parentage: _______________________________
Address: _______________________________
Mobile: _______________________________
- Signature: _______________________________
Name and parentage: _______________________________
Address: _______________________________
Mobile: _______________________________
JURAT — to be completed by __________
Solemnly affirmed and signed before me by the Deponent at __________ on __________, the Deponent being identified to my satisfaction by the photo identification produced, the contents having been read over and explained to the Deponent, who stated that they were understood and were true.
Register or record serial number of this act: _______________________________
Signature, seal and date: _______________________________
ANNEXURES FILED WITH THIS AFFIDAVIT
- Certified copy of the __________ dated __________, attested by a Notary Public.
- Where the Power is a substituted power, a certified copy of the principal power from which it derives, attested by a Notary Public, together with the page of it that permits delegation.
- Self-attested photo identification of the Deponent.
- Self-attested photo identification of the Executant, where the counter asks for it.
Explanatory note — not part of the affidavit
What this paper is. Annexure-11 is the shortest document in the Chandigarh Estate Office's transfer pack and the one that carries the most personal risk. The prescribed form asks a power of attorney holder for three things only — that the person who gave the power is alive, that the power has not been revoked, and that there is no under-hand sale behind it and no attempt to dodge the Indian Stamp Act, 1899. This template says those three things, and then says the surrounding things a Chandigarh file is tested on anyway: that the copy you handed over is genuine, that the acts you are doing sit inside the power, and what you will do on the day any of it changes.
Why paragraph 4 is the dangerous one. A great many Chandigarh houses changed hands on a general power of attorney and a receipt, because a power attracted a small fixed duty and a sale deed did not. The Chandigarh Administration's published "Rates of Stamp Duty and Registration Fees" table (chandigarh.gov.in/files/2021updoc/dc19-stampduty.pdf, the live link from the Administration's Land and Property page, checked September 2026) charges a general power of attorney carrying the power to sell at 3% of the value of the property or the consideration, whichever is higher — the same order of charge as a conveyance — precisely so that the route is no longer the cheap one. That table carries no notification number and no date on its face, and its file metadata suggests it was assembled in 2020, so confirm the rate at the Sub-Registrar, 30 Bays Building, Sector 17, before you pay. What does not depend on the exact figure is this: if money has passed between you and the person who gave you the power, paragraph 4 is not a formality you can sign past. Swear it anyway and you have put a false statement, on oath, into a Government file that will be read again the next time the Property changes hands.
The Power dies with the Executant. Section 201 of the Indian Contract Act, 1872 ends the agency on the principal's death, and no clause in the power changes that unless the power is genuinely coupled with an interest in the property. If the Executant has died, this affidavit cannot honestly be sworn and a sale under the power cannot be registered. The route is the Estate Office's transfer-on-death procedure, on the death certificate together with the will, the succession certificate or the legal heir certificate.
Timing. Chandigarh has run auto-mutation since 2025. When the deed is registered at the Sub-Registrar, 30 Bays Building, Sector 17, the deed and its annexures pass digitally to the Estate Office and the mutation case opens on its own. There is no counter afterwards at which to add a missing affidavit. Swear this one, stamp it and put it in the file before you present the deed.