Application for Permission to Mortgage an Allotted Property (Estate Office Chandigarh; GMADA or GLADA in Punjab)

स्टाम्प ड्यूटी

THE APPLICATION ITSELF: no stamp duty, no court fee — not an "instrument" under s.2(14) (asks for permission, creates no right); the Estate Officer isn't a court. Plain paper; pay only the processing fee and take a receipt. CHANDIGARH ANNEXURES CARRY DUTY: the checklist (estateoffice.chd.gov.in, checked Sept 2026) wants the encumbrance-free affidavit and indemnity bond each notarised, with a recent photo, "on stamp paper worth Rs. 15/-" (same for a POA-holder's or corporate affidavit) — buy from an authorised vendor. Affidavit: Article 4; indemnity bond: the security/indemnity article; each deponent needs their own paper, so a joint holder's affidavit/bond are separate charges. For a binding figure, the Collector (Treasury Officer), UT Chandigarh adjudicates (s.31) and certifies (s.42). PUNJAB: GMADA's numbered Right to Service mortgage-permission form costs Rs 15 (the form's price, not duty — not on stamp paper); its checklist wants only the form, the bank's consent and a self-attested allotment copy, no affidavit. Where a Punjab authority does want one (GLADA's conveyance-deed affidavit, e.g.), its format calls for Rs 25 non-judicial stamp paper — don't volunteer sworn paper nobody asked for. THE MORTGAGE DEED IN PUNJAB — the real money: per the Revenue Dept's table (revenue.punjab.gov.in, undated, checked Sept 2026) — WITHOUT possession: 4% of consideration + 1% registration fee (capped Rs 2,00,000) + Rs 1,000 facilitation; WITH possession: same 4%/1% + Rs 500 facilitation; plus Rs 200 pasting on all documents and Rs 600 mutation fee where needed. "Consideration" = the stated amount or Collector rate, whichever is higher — get the Collector rate from the DC's current notification. Note: the 1% cess + 1% PIDB levy on a sale/gift's 5% (=7%) aren't shown against mortgage rows — ask the tehsil Sub-Registrar (S.A.S. Nagar, for Mohali) if they apply first. THE MORTGAGE DEED IN CHANDIGARH — a figure this template won't invent: the Administration's table (chandigarh.gov.in/files/2021updoc/dc19-stampduty.pdf, dated 17 May 2020, still live when checked Sept 2026) states 5% on sale/gift/conveyance (1% reg. fee, capped Rs 10,000, + Rs 20 pasting), 3% lease-right transfer, 3% exchange, 2% family settlement, exempt blood-relative transfer (capped 1% reg. fee still payable), 5% agreement to sell (token only), 3% GPA/SPA with power to sell, nil will (Rs 200 reg. fee) — but NO mortgage or MODT row. Get the current Article 6 (MODT) or 40 (mortgage) figure from the Sub-Registrar, UT Chandigarh, 30 Bays Building, Sector 17 (presentation 12-1pm only), or adjudicate (s.31)/certify (s.42) — and ask if the Rs 10,000 reg. cap extends to a mortgage. THE 5% QUESTION: the Administration's table and The Tribune (28 March 2026) both say 5%; many sites say 6%, no bridging notification traced — budget 5%, confirm at the counter. No gender concession is documented in either State's published table or under s.9 — the 4% figure some sites quote for Punjab is likely a misattribution. THE FLOOR: Chandigarh collector rates (DC-cum-District Collector, revised 1 Apr 2026-31 Mar 2027) — Sectors 1-12: Rs 2,37,900/sq yd; 14-37: Rs 1,81,300; 38+: Rs 1,33,200; Sector 17 commercial SCO/SCF: Rs 5,92,200. Punjab: the DC's current notification. Both revise every April. BUYING STAMP PAPER: Chandigarh has no real citizen e-stamping — vendor paper up to Rs 50,000, above that via the Central Treasury, deficiency deposited at SBI Treasury Branch, Sector 17 on a Treasury-passed challan; e-Sampark's citizen ceiling is Rs 500. Punjab runs on NGDRS (igrpunjab.gov.in) with slots, Tatkal and e-stamping, auto-locked at registration. WHO PAYS: Rule 15, Chandigarh Estate Rules, 2007 puts execution/registration expenses (duty and fee) on the transferee/lessee; in practice the borrower pays everything — check the sanction letter for whether the lender adds it to the loan or wants it upfront.

रजिस्ट्री

NOT REGISTRABLE — ss.17/18 reach only instruments creating/assigning/extinguishing a ₹100+ property right (plus s.17(1A)/(2)); an administrative-permission request is neither, and no Sub-Registrar will take it. FILED AT: Chandigarh — Assistant Estate Officer, Office of the Estate Officer, Town Hall Building, Sector 17-C, Chandigarh 160017 (0172-5046634, aeo-chd@nic.in), or estateoffice.chd.gov.in. Punjab — the authority's Estate Officer: GMADA (PUDA Bhawan, Sector 62, S.A.S. Nagar) or GLADA (GLADA Complex, Ferozepur Road, Ludhiana). Take the diary number/RTS acknowledgement before leaving. NOTIFIED PERIODS (delay remedy, not refusal): Chandigarh — Punjab RTS Act, 2011 (extended to the UT, MHA Notification G.S.R. 1015(E), 14 Aug 2017) and Chandigarh Admin Notification 28/67/1-IH(9)-2026/73238, 30 March 2026 (supersedes 8 March 2022 and 26 June 2025; 35 services, 2 appellate tiers) set: permission to mortgage 35 days; No Dues Certificate 15; sale/gift/lease-transfer NOC 50; change of ownership 30; public-notice transfer 40 (20 after notice); leasehold-to-freehold 35; lease/conveyance execution 30. Ladder: Assistant Estate Officer, Estate Officer, Secretary Estate. Whether the 35 days are calendar or working isn't settled (office says "35 working days" — confirm and record it). Punjab — GMADA/GLADA give SEVEN WORKING DAYS from receipt (GMADA names its Superintendent as designated officer; GLADA's delay appeal goes to its Additional Chief Administrator); material cites both RTS Act 2011 and the Transparency Act 2018 — ask which applies. Either way, the period runs ONLY from a complete application. THE REFUSAL LADDER DIFFERS: Chandigarh — s.19, 1952 Act bars civil courts; appeal to the Chief Administrator within 30 days of communication (s.10 + Rule 18, condonable for sufficient cause), revision within 30 days of the appellate order (Adviser to the Administrator, Rule 18(iv), or Central Government, s.10(4), for an order under s.8/8-A). Get the refusal IN WRITING — the 30 days run from communication. Punjab — s.45's appeal/revision route (Chief Administrator, 30 days, s.45(5); State Government, 30 days, s.45(8)) is written for resumption/forfeiture, not refusal — ask the office in writing to name the appeal authority and period. HOUSING BOARD (wrong counter for this form): 25 days for mortgage permission, 15 for No Dues, 20 working days for a lease-transfer NOC, 20 for mutation — applied to the Board at 8 Jan Marg, Sector 9. WHAT'S REGISTRABLE IS THE MORTGAGE: s.59, TPA 1882 needs a registered, signed, two-witness instrument for a non-deposit mortgage of ₹100+ (simple/English/conditional-sale). A deposit mortgage (s.58(f)) needs no registration for a plain deposit — but a memorandum recording the bargain's terms becomes a chargeable instrument with its own registrability question; ask before signing a "memorandum of deposit." CHANDIGARH MECHANICS: Sub-Registrar, 30 Bays Building, Rooms 1-2, Sector 17. Presentation 12-1pm, registration 3-5pm; same-day delivery, or pickup a week later (9-11am). Freehold sale/transfer/gift/exchange in TRIPLICATE, others in duplicate, with photos of executants/claimants. Since 2025, AUTO-MUTATION (SOP, checklists 10 July 2025) pushes deed/data digitally to the Estate Office on registration, SMS to the transferee, 2-hour (leasehold, valid NOC) or 4-hour (freehold) scrutiny — no later cure, so the permission/No Dues/affidavits must be complete on the day. TWO CHANDIGARH FILE-STOPPERS: any document executed OUTSIDE INDIA needs Finance Department embossing first — catches NRIs every year; and the Estate Officer's Public Notice from 10 Feb 2023 (after the Supreme Court's 10 Jan 2023 judgment, Residents Welfare Association v. UT Chandigarh, SLP(C) 4950 & 5489/2022) froze transfers/mutations outside four categories pending the Heritage Conservation Committee — whether it still operates, or reaches a mortgage permission, is unconfirmed; paragraph 9 asks the office in writing. PUNJAB MECHANICS: the deed goes to the tehsil Sub-Registrar via NGDRS (igrpunjab.gov.in), with slots, Tatkal and e-stamping. If the conveyance isn't yet executed, ask the authority if it accepts a mortgage over a s.43(6) allotment; its checklist wants the allotment letter, No Dues Certificate and 3 copies of the deed (1 on stamp paper, duty as on execution — confirm with the Sub-Registrar). THE STEP EVERYONE FORGETS: on repayment, discharge the mortgage AND record it on the authority's file, not just the lender's system. Chandigarh: the Tehsildar (Revenue) handles redemption; Annexure C's indemnity bond makes this an express undertaking.

नोटरी

THE APPLICATION ISN'T NOTARISED — just a signed verification; a counter asking for "an affidavit" means the annexure, not a notary's stamp on the letter. CHANDIGARH ANNEXURES ARE NOTARISED, WITH A PHOTO: the affidavit and indemnity bond each need Notary Public attestation and a latest photo (affixed and attested across). Estate Office policy now accepts a NOTARISED affidavit instead of Executive Magistrate attestation, except where law/policy requires otherwise — notary under the Notaries Act, 1952, oath under s.8(1)(a). Engross on its own stamp paper, sign before the notary, and check the endorsement carries the register serial number and date — one without it comes back. Fee: a few hundred rupees is usual. EACH DEPONENT SWEARS SEPARATELY: joint holders each swear their own affidavit, own paper, own endorsement, and execute the indemnity bond before two witnesses. Two separate affidavits are always accepted; one shared isn't. Annexure B and C carry a standing instruction to reproduce per holder. AN ATTORNEY SWEARS to their own knowledge and the records, producing the power, plus paragraph 7 of Annexure B (prints only when named): the power's serial number/date, executant alive and not revoked, no underhand sale, no evasion of the Stamp Act. Can't swear to the principal's state of mind (hence Annexure B's third-person drafting) — name whoever actually takes the oath. PUNJAB: DON'T VOLUNTEER SWORN PAPER. GMADA's checklist wants the form, the bank's consent and a self-attested allotment copy — nothing sworn; its declaration (empowered to mortgage, property free of mortgage, dues paid within 30 days, no litigation, understands false-info liability) is signed, not sworn. Where an authority does want an affidavit, its own format prescribes the paper. THE LENDER'S CONSENT LETTER IS NEVER NOTARISED: letterhead, authorised signatory, branch seal, ORIGINAL required — a missing branch seal loses a week. A DEPONENT ABROAD needs the affidavit embossed by the Finance Department first (consular attestation/apostille via MEA if asked) — build in 3-4 weeks; the commonest reason an NRI misses a disbursement date.

गवाह

NO WITNESSES ON THE APPLICATION — not an inter-partes instrument, so the two-witness rule for a sale deed, gift deed or will doesn't apply. What matters instead is a set of signatures, each a real requirement. THE INDEMNITY BOND IS WITNESSED: two witnesses (name/address each), plus the executant's attested photo — use reachable adults, not a mobile-only contact. Joint holders each need their own two (same two can serve both, if present each time). The affidavit (Annexure B) has none — the notary's endorsement is its attestation, deponent signing twice. EVERY JOINT HOLDER SIGNS THE APPLICATION AND SWEARS: one file, one permission, one property — an application signed by only one of two joint holders is incomplete, and no notified period starts. AN ATTORNEY SIGNS ONLY WITH THE POWER PRODUCED (embossed first, if abroad), and is also Annexure B's deponent and Annexure C's executant. A legal heir signs only after the transfer is recorded. THE BANK SIGNS the consent letter, not the application, via an authorised signatory under seal, in original. THE RULE THAT REALLY BITES IS AT THE MORTGAGE DEED: s.59, TPA 1882 needs it registered and ATTESTED BY AT LEAST TWO WITNESSES who saw the mortgagor sign (a later "convenience" witness doesn't count). Chandigarh: the FIRST must qualify under paragraph 127, Punjab Registration Manual (Lambardar, Sarpanch, Panch, councillor, gazetted officer or advocate), known to the other witness and the Sub-Registrar. Line up that witness in advance — presentation at 30 Bays Building is only 12-1pm. Punjab: two witnesses with photo ID attend the tehsil Sub-Registrar, slot on igrpunjab.gov.in. THE SIGNATURE THAT MATTERS ISN'T A WITNESS'S: the official's stamp, diary number and date on the acknowledgement slip — proof of a complete application; every appeal (delay: Estate Officer then Secretary Estate in Chandigarh, or Additional Chief Administrator in Punjab; refusal: Chief Administrator) counts from a provable date.