APPLICATION FOR GRANT OF PERMISSION FOR SALE, GIFT OR TRANSFER
(Under section 43(7) of the Punjab Regional and Town Planning and Development Act, 1995)
PART A — APPLICATION TO THE ESTATE OFFICER
To
The Estate Officer
__________
__________
Subject: Application under section 43(7) of the Punjab Regional and Town Planning and Development Act, 1995 for grant of previous permission for the __________ of __________ No. __________, __________, __________, allotted vide letter No. __________ dated __________.
Sir / Madam,
- 1. THE APPLICANT ALLOTTEE
- 2. THE PROPERTY
The property in respect of which this permission is sought is __________ No. __________, __________, __________, measuring __________, allotted to me by the Authority by letter of allotment or re-allotment No. __________ dated __________ at an allotment or auction price of __________. Full particulars are set out in the Schedule below.
- 3. STATUS OF THE CONVEYANCE DEED AND THE STATUTORY POSITION
I am aware, and I accept, that under section 43(6) of the Punjab Regional and Town Planning and Development Act, 1995 the said property continues to belong to the Authority until the entire consideration money together with interest and all other dues payable to the Authority has been paid; and that under section 43(7) of that Act I may not transfer any of my rights in the said property except with the previous permission of the Authority and on such terms and conditions and on payment of such fees as the Authority may determine. This application is made for that previous permission, and I shall not execute any deed of transfer until the permission is granted to me in writing.
- 4. STATUS OF CONSTRUCTION AND OF THE BUILDING
There is no violation of the building bye-laws, of the sanctioned building plan or of the zoning plan in respect of the said property, and no notice of unauthorised development under sections 87 to 90 of the said Act is pending against it.
- 5. ENCUMBRANCES AND AUTHORITY TO SIGN
There is no suit, appeal, revision, execution, attachment, injunction or other proceeding pending in any court, tribunal or authority in respect of the title to, or the possession of, the said property.
- 6. DUES PAYABLE TO THE AUTHORITY
I have examined the account statement of the said property in the "Know your property details" section of the Authority's website. I undertake to pay any further instalment, interest, enhancement or additional price that the Estate Officer may determine and demand in respect of the said property, whether before or after the transfer now applied for, and I accept that on failure to pay, the Estate Officer may proceed under sections 45 to 48 of the said Act.
- 7. THE INTENDING PURCHASER, DONEE OR TRANSFEREE
I wish to transfer the said property by way of __________ to the following person or persons:
- 8. FEES TENDERED WITH THIS APPLICATION
- 9. CONSTITUTION OF THE INTENDING TRANSFEREE AND HIS LEGAL HEIRS
The legal heirs of the intending transferee, whose duly attested photographs are affixed in the annexure to this application where the transferee is a natural person, are:
- 10. UNDERTAKING AND PRAYER
I undertake that every statement made in this application and in the affidavits accompanying it is true, that no material fact has been concealed, and that if any concealment or misrepresentation is found at any stage the Authority may withdraw the permission and take such action against me as the law allows. I further undertake to produce the original allotment or re-allotment letter, the original receipts of payment and the originals of every document filed in copy, whenever the Estate Officer so directs.
It is therefore prayed that the requisite previous permission under section 43(7) of the Punjab Regional and Town Planning and Development Act, 1995 for the __________ of the said property in favour of the person or persons named in clause 7 above may kindly be granted.
Note, and no order upon it is sought here: after the permission has issued and the deed of transfer has been executed and registered, the applicant will apply separately to the Estate Officer for re-transfer of the said property into the name of the transferee in the records of the Authority, that being a separate notified service with its own time limit.
Yours faithfully,
THE SCHEDULE ABOVE REFERRED TO
Description of the property in respect of which permission is sought:
PART B — AFFIDAVIT OF THE ALLOTTEE
(To be engrossed on non-judicial stamp paper worth Rs 25 and sworn before an Oath Commissioner or a Notary Public. Where the allotment stands in two names, each allottee swears on a separate paper of that denomination.)
AFFIDAVIT
- 1. That I am the allottee and owner of __________ No. __________, __________, __________, measuring __________, allotted vide letter No. __________ dated __________ by __________, the allotment standing in my name alone or jointly with the person, if any, who adopts this affidavit at the foot of it.
- 4. That there is no dispute or litigation pending in any court of law, tribunal or authority with regard to the title, the ownership or the possession of the above detailed property.
- 7. That I have not previously sold, gifted, agreed to sell, or otherwise transferred or created any interest in the above said property in favour of any other person, and no power of attorney executed by me in respect of it remains in force, except as disclosed in the application accompanying this affidavit.
- 8. That I shall remain personally liable to the Authority for every sum found due against the above said property in respect of the period up to the date on which the transfer is recorded by the Estate Officer.
VERIFICATION
I verify that the contents of paragraphs 1 to 8 of this affidavit are true and correct to the best of my knowledge and belief, that nothing material has been concealed and that no part of it is false. I am aware that if any concealment or misrepresentation is found at any stage, legal action may be taken against me under the law.
PART C — LIABILITY AFFIDAVIT OF THE INTENDING TRANSFEREE
(To be engrossed on non-judicial stamp paper worth Rs 25 and sworn before an Oath Commissioner or a Notary Public. Where the property is being taken in two names, each transferee swears on a separate paper of that denomination.)
LIABILITY AFFIDAVIT
- 2. That I undertake to pay to the Authority every sum that is or may become due in connection with the said property, including any instalment, interest, penalty, extension fee, enhancement or additional price determined and demanded by the Estate Officer from time to time, and I accept that this undertaking continues even after the execution and registration of the conveyance deed.
- 3. That I undertake to abide by the provisions of the Punjab Regional and Town Planning and Development Act, 1995, by the building bye-laws and the zoning plan applicable to the said property, and by every term and condition of the letter of allotment No. __________ dated __________, as if I were the original allottee.
- 5. That if any legal heir or other person makes any claim in respect of the said property, the litigation arising from that claim will be defended by me at my own cost, and any loss suffered by __________ or by any of its employees on account of that claim will be made good by me personally and out of my own properties.
- 6. That I have satisfied myself about the title of the transferor and about the physical condition, the area and the boundaries of the said property, and I am not relying on the Authority for any assurance in that regard.
Specimen signature: _______________________________
Photograph: [affix latest passport size photograph and sign across it]
VERIFICATION
I verify that the contents of this liability affidavit are true and correct to the best of my knowledge and belief and that nothing material has been concealed.
PART D — SIGNATURES AND WITNESSES
The allottee and the intending transferee jointly certify that the particulars set out in Part A of this application are correct and request the Estate Officer to act upon them.
PART E — LIST OF ENCLOSURES
(Tick each item as it is placed on the file. The list is not numbered, because which items apply depends on the answers given above.)
Always on the file:
On the file because of an answer given above:
Where none of those answers was given, that second list is empty and nothing is missing from the file.
PART F — FOR OFFICE USE
Received at the office of the Estate Officer, __________, on ____________________ under diary No. ____________________.
Certified that the documents listed in Part E have been checked and found in order.
Signature of Receipt Clerk: ____________________ Name: ____________________ Date: ____________________
Signature of Superintendent: ____________________ Name: ____________________ Date: ____________________
Note for the applicant: this is a notified service under the Punjab Right to Service Act, 2011 and the designated officer is the Estate Officer of the Authority. If the service is not delivered within the notified time limit, an appeal lies to the Additional Chief Administrator of the Authority. Obtain and keep the dated receipt recorded above, because the notified time limit runs from it.