Chandigarh,
10th February, 2016: To protect the
interests of bonafide members and prospective purchasers from any unwanted
litigation, and streamline the procedure for the purpose, following
guidelines are hereby issued for regulating the transfer of
share/flats/dwelling units in the Cooperative House Building Societies in
Chandigarh:-
1.The
Society has paid full premium of the site allotted to it and obtained NDC from
the Estate Officer/Chandigarh Housing Board, as the case may be.
2. The
Society had chunk of land allotted to it, transferred in its name, on freehold
or leasehold as per the terms of allotment by executing the Deed of Conveyance
or Lease Deed, as the case may be, on paying the prescribed stamp duty on
actual amount paid to the Chandigarh Housing Board/ Chandigarh Administration,
as consideration. In case it has not been done, the Society shall get
this done within a period of six months, in consultation with Estate Officer or
Chandigarh Housing Board, as the case may be.
3. Upon
the execution of Deed of Conveyance and Lease Deed, as the case may be, as in
para 2 above, the transfer of individual dwelling unit (s)/flat in each Society
shall be allowed only through the Deed of Conveyance( Sale Deed) or
Deed of Transfer of Leasehold rights, as the case may be, to be executed and
registered on payment of the prescribed stamp duty on the value of dwelling
unit as determined by the Collector from time to time.
4. A
GPA/SPA/Sub GPA holder may however, execute a Deed of Conveyance ( Sale Deed) or
Deed of Transfer of Leasehold rights in exercise of the powers granted under
the Power of Attorney and convey title on behalf of the Executant as held by
the Hon’ble Apex Court in favour of intending purchaser.
5. The intending purchaser or his/her spouse or dependent children should not possess/ own either on free hold, lease hold or hire purchase basis, a dwelling unit or a
residential house/site/flat at Chandigarh, Manimajra, Panchkula
and SAS Nagar (Mohali) on the date of execution of Deed of
Conveyance ( Sale Deed) or Deed of Transfer of Leasehold rights, as the case may be. After the execution of Deed of
Conveyance ( Sale Deed) or Deed of Transfer of Leasehold rights,
as in para 3 above, the purchaser shall not be eligible for
enrolment as a member in any other Cooperative House
Building Society in Chandigarh for transfer of share/flat.
6. The
intending purchaser shall seek NOC from the respective Society to the effect
that no dues are pending on the part of the outgoing member/allottee/lessee,
and the Society has no objection to his/her enrolment as a member, which shall
be a pre condition before the execution of Deed of Conveyance ( Sale
Deed) or Deed of Transfer of Leasehold rights, by the outgoing member of
the Society as in para 3 above.
7. Upon
the receipt of the application from the transferee/intending purchaser for NOC,
the Society shall immediately invite objections from the General Public through
Public Notice in three leading newspapers, one in English, one in Hindi
and one in Punjabi having wide circulation in the area giving full particulars
of the share/property and the applicant(s) who have applied for transfer of
share/dwelling unit/flat in his/her favour giving at least thirty (30) days
from the date of publication of the notice which shall be at the cost of the
transferee(s), stating that if any person is/are having any objection
against the transfer of right, title or interest in the share/dwelling
unit/flat, the same may be submitted to the Society in writing,
along with supporting documents within thirty (30) days of the publication of
the notice, failing which action will be taken for issuance of NOC.
8. The
intending purchaser shall deposit transfer fee by way of Demand Draft in favour
of the respective Society as detailed below in lieu of unearned increase
liable to be paid by the member as per provisions of Capital of Punjab
(Development and Regulation ) Act, 1952 and rules framed there under
before execution of Deed of Conveyance( Sale Deed) or Deed of Transfer of
Leasehold rights, as in para 3 above:-
Category
A
: 1,00,000/-
Category
B
: 50,000/-
Category
C
: 30,000/-
The
said payment shall further be deposited by the respective Society in
favour of Registrar, Cooperative Societies Department, U.T. Chandigarh
by way of Demand Draft after allowing transfer of share/DU/flat
under para 14 below.
In the case of transfer of share/ flat/ dwelling unit to a legal heir(s) or
family members i.e. mother, father, spouse, brother, sister , son and
daughter, it shall not be construed as transfer for the purpose of transfer
fee.
9. In
addition to transfer fee as in para 8 above, the transferee/intending purchaser
shall also pay a sum of Rs.25000/- by way of Demand Draft in favour of the
respective Society as miscellaneous/ processing charges besides other expenses
likely to be incurred by the Society for processing of his/her application for
the transfer of share/flats, before execution of deed of conveyance (Sale
Deed) or Deed of Transfer of Leasehold rights, as in para 3 above or
otherwise.
10. The transferee/intending
purchaser shall furnish all required documents and also an
indemnity bond to the effect that:-
a)
He/she shall be personally liable for settling all the court cases and dues so
levied by the Society or Chandigarh Administration for settling the past
liabilities;
b)
He/she shall remove the building violations/misuse, if any;
c) He/she
will execute the redemption deed if not executed earlier, wherever applicable.
11. On
completion of all requisite formalities by following the guidelines at S.No.2,
5 to 10 above of this order, if the intending purchaser is found
eligible for enrolment as a member of the Society in place of outgoing member,
the respective Society after passing a resolution in a meeting of the Executive
Committee/Managing Committee and after obtaining prior approval of the
Registrar, Cooperative Societies, U.T. Chandigarh, shall issue NOC for
the enrolment of the said transferee/intending purchaser as a member of
the Society and for the transfer of the right, title or interest in the
flat/immovable property in his/her favour through a written letter which shall
be subject to the terms and conditions of original allotment, the Punjab
Cooperative Societies Act, 1961 and rules/byelaws framed there under and
the Capital of Punjab (Development & Regulation ) Act, 1952 and
rules/Chandigarh Allotment of Land to Cooperative House Building Societies
Scheme, 1991 (repealed) framed there under, enabling the transferee/intending
purchaser to execute the Deed of conveyance ( Sale Deed) or Deed of
Transfer of Leasehold rights,, as the case may be, as in para 3 above. While
issuing NOC, the Society shall also make it clear that this shall not confer
any right upon the transferee/intending purchaser to claim the transfer of the
right, title or interest in the share/ flat/ dwelling unit in his/her favour
till he/she submits the duly stamped and registered deed of conveyance ( Sale
Deed) or Deed of Transfer of Leasehold rights, as the case may
be.
12. In the case of transfer of share/dwelling unit/flats to the legal heirs in the event of
death of the allottee/lessee, procedure notified by Chandigarh
Adminsitration, Finance Department (Estate Branch) vide
No.45/5/22/ UTFI(5)/2014/3355 dated 23.4.2014 shall be followed.
13. Once
the deed of conveyance ( Sale Deed) or Deed of Transfer of
Leasehold rights, as the case may be, (in triplicate ) duly stamped has
been executed and registered with the Sub Registrar, Chandigarh, the
transferee/intending purchaser shall apply for the transfer of
share/dwelling unit/flat in the Society to the respective Society along with a
copy of the duly stamped and registered Deed of Conveyance ( Sale Deed)
or Deed of Transfer of Leasehold rights, for change of transfer of right, title
or interest in the share/flat/ dwelling unit in the Society’s record and
issuance of fresh share certificate.
14. Upon
receipt of application as per para 13 above, the Society shall convey the
enrolment of the said transferee/intending purchaser as a member of the
Society and transfer the right, title or interest in the share/flat/DU in
his/her favour through a written letter subject to the terms and conditions of
original allotment, provisions of the Punjab Cooperative Societies Act, 1961
and rules/byelaws framed there under and the Capital of Punjab
(Development & Regulation ) Act, 1952 and rules/Chandigarh Allotment of
Land to Cooperative House Building Societies Scheme, 1991 (repealed) framed
there under and shall also issue a fresh share certificate.
15. Once
such a transfer takes place, the new owner or shareholder shall be treated as a
registered member of the Society.
16. All
transfer of shares/flats either on the basis of GPAs or otherwise being
in contravention of essence of the narration of the Hon’ble Apex Court in SLP No.13917
of 2009 titled Suraj Lamp & Industries Pvt. Ltd Vs. State of Haryana and
Anr as well as by the Hon’ble Punjab and Haryana High Court in CWP
No.16227 of 2009 titled Amritpal Singh Vs. Chandigarh Administration read
in conjunction with Transfer of Property Act, 1882, Indian Stamp Act, 1899, Registration
Act, 1908 and Powers of Attorney Act, 1882 shall not be construed as completed
or concluded transfers in the absence of duly stamped and registered deed
of conveyance or lease deed, as the case may be.
17. The
intending purchaser shall be liable for action against him/her as per law if
any information furnished by him/her is found to be false.
Comments
Post a Comment