Application for Permission / NOC to Transfer Lease Rights (Estate Office Annexure-1)

ਸਟਾਂਪ ਡਿਊਟੀ

The application itself bears no stamp duty — not an instrument, no Schedule I-A article reaches a permission request; plain paper. The affidavit (Annexure A, and each co-lessee/attorney's own) DOES carry duty — one sheet per deponent — but Chandigarh's table has no affidavit line; ask the vendor at 30 Bays Building for the current denomination; a notarised affidavit is accepted here. The deed that follows is where the real money is, and it's easy to overpay: a TRANSFER OF LEASE RIGHTS by sale is 3% (not the 5% freehold conveyance rate — a common error), gift of lease rights also 3%, and a transfer within blood relation 0%. Family settlement 2%, exchange 3%. Where the deed genuinely is a freehold conveyance, 5% is stated but TREAT AS UNSETTLED (portals say 6% — confirm at the Sub-Registrar). Registration fee 1% capped at Rs 10,000 plus Rs 20 pasting; duty is on the higher of consideration or the collector rate (revised sharply from 1 April 2026, varying steeply by sector/use). Rule 15 puts duty and registration on the transferee. The one-third unearned increase and the transfer fee are NOT stamp duty — they're separate Estate Office charges, assessed by the Estate Office, not the Sub-Registrar, and the transfer fee schedule isn't published (pay against the demand). No Punjab crossover — its rates carry extra cess/fee add-ons Chandigarh doesn't have. No gender concession exists in either jurisdiction.

ਰਜਿਸਟਰੀ

This application isn't registrable — section 17, Registration Act, 1908 doesn't reach a permission request; it's filed, not registered. File with the Assistant Estate Officer: 50 days (40 where a public notice applies, 20 running after it), the clock starting only from a complete application. What IS registrable is the deed that follows — a transfer of lease rights is compulsorily registrable under section 17(1)(b), Registration Act, 1908, at the Sub-Registrar (narrow presentation/registration hours). Section 23 gives four months from execution, extendable four more (s.25) at up to 10x the fee; unregistered, it's inadmissible to prove the transfer (s.49). Since 2025, registration auto-triggers mutation digitally (2-hour leasehold+NOC / 4-hour freehold scrutiny), with no separate mutation application after — so this NOC and the affidavit pack must be complete and correct at the counter that day, with no later filing to fix them. And where the property is residential and the transfer falls outside the four categories the Estate Officer's 10 February 2023 notice permits, change of ownership may be stopped altogether — confirm at the counter before you register.

ਨੋਟਰੀ

The application is signed, not sworn — no notary needed. The affidavit (Annexure A, and separately for every co-lessee or attorney) MUST be sworn — a notary is accepted in place of an Executive Magistrate; check the signature/seal, register entry number/date, and fee receipt before leaving. The transferee's consent (Annexure B) usually does NOT need notarising — only if the transferee can't attend in person or signs from outside Chandigarh. Anyone abroad needs embossing by the Chandigarh Finance Department plus apostille/legalisation, and stamping in India within 3 months of receipt. Notarisation doesn't cure a title defect — a false statement here risks withdrawal of the permission, resumption under section 8-A with up to 10% forfeiture, and prosecution.

ਗਵਾਹ

The application needs no witness — every recorded lessee's signature plus photo ID/address proof for them and the transferee is what's needed. The affidavit needs none either — the notary's attestation proves it. Annexure B, the transferee's consent, DOES use two witnesses — they identify the transferee; pick people who can also witness the later deed. The deed itself has the strict rule: two witnesses, the FIRST qualifying under paragraph 127, Punjab Registration Manual (a Lambardar/Sarpanch/Panch rurally, or a councillor, gazetted officer or advocate) — line one up beforehand; the presentation window is an hour. A company, firm or HUF substitutes an authority document for a witness.