Application for Transfer of Ownership / Lease Rights on Intestate Death (Estate Office Annexure-1)

ਸਟਾਂਪ ਡਿਊਟੀ

Three separate stamp questions. The application (Annexure-1) bears no stamp duty — it asks an officer to correct a record. The devolution itself bears no duty either: intestate property passes by operation of law at death — no conveyance, no instrument — so nobody should quote a percentage of the house's value. The affidavits are the only stamped papers, denominations from the Estate Office's OWN checklist. Current checklist (6 September 2026): Annexure-2 on Rs 100 stamp paper (per heir); Annexure-4 (GPA/SPA affidavit) on Rs 50. An OLDER checklist still live splits this into a liability affidavit plus a Rs 15 indemnity bond (Annexure-3), GPA affidavit also Rs 15 — carry both denominations. Buying stamp paper: authorised vendors up to Rs 50,000; the Central Treasury (SBI, Sector 17) above that; e-Sampark online caps citizens at Rs 500 — enough for both affidavits here. NOT stamp duty, but the leasehold family's real fear: a third of the 'unearned increase' (Rule 7(ii)) — the premium enhanced 9% a year compounded, against current market value, with notice and hearing. NOT attracted here: no transfer, no instrument. Rule 7(iii) excludes substituting a mother, father, spouse, son or daughter too — but that list is narrow; a grandchild, a predeceased son's widow, a sibling falls OUTSIDE it — argue Clause 4 before any demand issues. What this pack costs is not what the next step costs. A later release among heirs IS stamped — unclear whether entry 24 (Transfer Deed, blood-relation exempt) or entry 12 (Family Settlement, 2%) applies — settle it at the Sub-Registrar, Sector 17, before signing. If the heirs sell: 5% (contested — portals say 6%), 3% on a lease-rights transfer; registration 1% capped at Rs 10,000 plus Rs 20 pasting; duty on consideration or the Collector Rate, whichever is higher (from 1 April 2026: Sectors 1-12 Rs 2,37,900 per square yard, 14-37 Rs 1,81,300, 38 onwards Rs 1,33,200). The unearned-increase payment hits at THIS later stage, not now. Do not apply a Punjab quotation here — Punjab adds a cess and two infrastructure fees, caps registration at Rs 2,00,000; Chandigarh has neither, caps at Rs 10,000. Assume no gender concession absent a notification.

ਰਜਿਸਟਰੀ

Not registrable — a devolution is not an instrument creating or declaring a right; it vests by operation of law. This is FILED, not registered. Filed with the Assistant Estate Officer, Town Hall, Sector 17-C, or online via the Property Management System. Public notices issue as "Deputy Commissioner-cum-Estate Officer". No Estate Office NOC is needed for THIS application — the Rule 7 NOC is for TRANSFERS; a devolution is not one, and Rule 7(iii) separately excludes the five named relations. For a non-listed heir, argue the first limb via Clause 4 — never pay an unearned-increase demand without putting that to the officer first. Why no auto-mutation follows: it triggers only off a REGISTERED DEED; an intestate death has none. This application is the whole mechanism. Public-notice timetable, where required: 40 days total, 20 after the notice (Notification No. 28/67/1-IH(9)-2026/73238, 30 March 2026). Delay appeal: Assistant Estate Officer, then Estate Officer, then Secretary Estate. On the MERITS: appeal to the Chief Administrator within 30 days (s.10, 1952 Act) — s.19 bars the civil court on enforcement. What may need registering afterwards: a release among heirs (s.17(1)(b), and itself a transfer — Rule 7 returns in full for a leasehold site); a missing lease or conveyance deed (30-day service); or a mortgage redemption deed (Tehsildar, Revenue). Registration, when needed: Sub-Registrar, 30 Bays Building, Sector 17 — within four months (s.23), condonable up to four more at a tenfold penalty (s.25). Trap for families abroad: documents executed outside India need Finance Department embossing before Estate Office use.

ਨੋਟਰੀ

Annexure-1 is signed, not sworn — no notary. Annexure-2 MUST be sworn separately by every heir, own stamp paper, own notarial entry. The Estate Office now accepts a notarised affidavit instead of an Executive-Magistrate-attested one. Affix the photograph BEFORE swearing. Check before leaving: signature and seal; the register entry number and date on the affidavit itself; the fee receipt. Annexure-4 is also notarised separately, sworn by the ATTORNEY — carrying their own age, parentage and address. The bank's Annexure-3 is on letterhead — not notarised. An heir outside India swears before an Indian consular officer or notarises locally with apostille; a power of attorney the same way — both embossed by the Finance Department, stamped in India within three months (s.18). Notarisation proves the signature and oath only, not title. Concealment risks prosecution (s.217, Bharatiya Nyaya Sanhita, 2023) and Estate Office sanctions — withdrawal, resumption with up to 10% forfeiture. Read the no-heir-left-out statement twice before swearing.

ਗਵਾਹ

Annexure-1 needs no witness — just every heir's signature and self-attested photo ID. Annexure-2 DOES need two witnesses — compulsory, at the foot of EACH heir's bond, full name and address; use the same two findable people throughout. Annexure-4 needs no witness — the attorney swears before the notary. Chandigarh's registration-witness rule does not apply here (nothing is registered), but know it for the next step: two witnesses, the first qualifying under paragraph 127, Punjab Registration Manual, both known to each other and the first to the Sub-Registrar. An illiterate heir uses a thumb impression, contents read and explained; a minor's guardian signs, and the affidavit says so.