ਬੋਝ-ਮੁਕਤੀ ਹਲਫ਼ਨਾਮਾ

ਸਟਾਂਪ ਡਿਊਟੀ

Chargeable under Article 4, Schedule I (Affidavit) of the State's stamp law — nominal everywhere, roughly Rs 10–100 (Maharashtra Rs 100 under Art.4; Delhi/UP/Haryana/West Bengal ~Rs 10, though vendors often issue a Rs 100 e-stamp anyway; Karnataka/TN/Telangana/AP/Gujarat Rs 20–100 — check the current State schedule). Over-stamping is harmless; under-stamping makes it inadmissible and impoundable until duty plus penalty is paid (s.35). This affidavit ALSO carries an indemnity (clause 10, uncapped, surviving completion, binding the deponent's heirs) — a distinct chargeable matter (s.5: aggregate duty for distinct matters; s.6: the higher of two applicable duties), so several States assess an affidavit-cum-indemnity at the higher indemnity-bond rate (Art.34, Indian Stamp Act 1899; e.g. Art.35, Maharashtra Stamp Act 1958, Rs 500) rather than the nominal Art.4 rate. Ask the vendor/Collector which applies, and stamp at the indemnity rate if in doubt. e-stamp via SHCIL (Delhi, Karnataka, Gujarat, TN, UP, Rajasthan) or the State's own portal (Maharashtra: GRAS/e-SBTR), in the deponent's own name. Stamp paper does not expire after six months (Thiruvengada Pillai v. Navaneethammal, 2008 — s.54's six months is only the refund window). Art.4's exemptions (court filings, pension/charitable-allowance affidavits, armed-forces enrolment) do not cover a buyer/bank/society affidavit.

ਰਜਿਸਟਰੀ

Not registrable — s.17 catches instruments creating/assigning/extinguishing a property right; this only states existing facts. But drafted to give something up ('I relinquish my share'), it becomes a title declaration needing registration/stamping as a release or settlement — s.49 makes an unregistered version inadmissible. Stay on the safe side: don't add relinquishing language, use a release deed instead. Not a substitute for the EC, title search or sale deed — commonly annexed to the sale deed at registration, or the bank's loan file. For mutation, a notarised copy is usually accepted; a few authorities want the original.

ਨੋਟਰੀ

The one formality that isn't optional — unsworn, it's worthless. Sworn before a Notary (Notaries Act 1952 s.8(1)(a)), an Oath Commissioner, or, for a civil filing, an officer under CPC s.139. The deponent appears in person with original photo ID and signs before the notary, not at home and carried in. The notary seals it and enters it in the notarial register with a serial number — get that written on the affidavit; a small fee applies. Abroad: swear before an Indian consular officer, or a local notary with an apostille (India is a Hague Apostille party) — neither is routinely refused by Indian banks/sub-registrars. Notarisation only attests the deponent swore this; it doesn't verify title.

ਗਵਾਹ

None required by law — proved by signature and jurat, not attestation (the two-witness rule, Transfer of Property Act ss.59/123, covers mortgages/gifts, not affidavits). Banks/societies often ask anyway — use two adult non-parties, unrelated to the deponent, with name/address/phone recorded. Two extras: an illiterate/non-reading deponent needs certification (in the jurat) that contents were read/explained/understood; signing for a company/LLP/HUF needs the board resolution or kartaship evidence attached.