NOC and Consent of Co-owners and Co-sharers (Raza Nama)

Stamp duty

A pure consent transfers nothing — not a conveyance or release. Neither published table (Punjab Revenue Dept., revenue.punjab.gov.in; Chandigarh Administration, revenue.chd.gov.in, no notification number, footer 3 May 2022) has a row for a consent — both cover sale/gift, POA, mortgage, lease, will only. So it falls to the residuary Article 5, Schedule I-A, Stamp Act 1899 — a fixed sum, not a percentage. Get the figure first: Punjab, the tehsil Sub-Registrar or an e-stamp vendor; Chandigarh, 30 Bays Building, Sector 17 (noon-1pm). A quoted PERCENTAGE means they're reading it as a release — see below. Buying: Punjab via SHCIL — above Rs 49,999 needs a certificate, smaller amounts from a vendor, drawn in a Consenting Party's name; don't buy more than four months ahead (circular No. 07/15/2026-ST-2(PF-1)/10837, 11 July 2026 locks it). Chandigarh: also SHCIL — shcilestamp.com for Rs 201+, or the lower form to Rs 200 (SCO 154-155, Sector 17-C); physical paper to Rs 50,000, Treasury above; e-Sampark caps at Rs 500 for an individual. The real risk is re-characterisation: wording like "releases" or "surrenders" a share, or money changing hands, lets it be charged as a Release (Article 55) — ad valorem on the share's value. Punjab: 5% of consideration/Collector rate (higher) + 1% Social Infrastructure Cess + 1% PIDB fee + 0.25% SIDF (ss.25, 25-A, Punjab Infrastructure Act, 2002) = 7.25%, plus 1% registration fee capped Rs 2,00,000, facilitation Rs 1,000/3,000/5,000 by slab, Rs 200 pasting. Chandigarh: 5% on value/consideration, 1% registration fee capped Rs 10,000, Rs 20 pasting, against the Collector Rates effective 1 April 2026 — Sectors 1-12 Rs 2,37,900/sq yd, Sectors 14-37 Rs 1,81,300, Sector 38+ Rs 1,33,200, dwelling units Rs 1,53,900, Housing Board flats Rs 11,000-7,200/sq ft by floor; use this schedule, not the stale online calculator. Chandigarh is 5%, not the misquoted 6% — the Administration's own calculator confirms 5.00% on a test plot. The schedule's age is uncertain (no notification number), not its rate — confirm at the Sub-Registrar first. Two reliefs: Chandigarh exempts blood-relation transfers from duty (1% fee still applies); Punjab's Order No. S.O.28/C.A.2/1899/S.9/2014 (7 May 2014) remits duty in full on a lifetime transfer to a blood relation. Clause 6 keeps this a consent, not a transfer — don't edit it. If money moves to a consenting party, get it adjudicated first under s.31 (the Collector; in Chandigarh, the Treasury Officer, who issues the s.42 certificate). Where a party holds a defined share, clause 5's promise to join the transfer deed is itself an agreement to sell — Chandigarh charges 5% of the token money. Under-stamping is impounded (s.33), inadmissible (s.35), with a penalty up to ten times the deficient duty.

Registration

Not compulsorily registrable — s.17 catches only a Rs 100+ interest created; a consent creates none. Voluntary registration (s.18) is worth it where the money is large, the family fractious, or a bank loan involved. Where: Punjab, the tehsil Sub-Registrar/Joint Sub-Registrar, via Easy Registry/NGDRS (all 22 districts) — a one-day service (plus two at a Sewa/Fard/Saanjh Kendra), Rs 200 pasting, fee assessed at the counter (no table row for a consent). Chandigarh: 30 Bays Building, Sector 17 — presentation noon-1pm, registration 3-5pm, cashless, photographs required; the 1%/Rs 10,000 conveyance rate is a guide only. An unregistered NOC cannot move a defined share — only the registered transfer deed can, with the holder joining as Confirming Party. S.49 makes an unregistered instrument inoperative and inadmissible. After registration, Punjab still needs intkal: the parcha yadasht reaches the Tehsildar via the Patwari and Kanungo, and the Circle Revenue Officer attests under s.34, Land Revenue Act, 1887, recovering a Rs 600 fee (s.38); missing the three-month report window risks a 5x fine (s.39). Attestation is a 45-day service, though Easy Jamabandi (from 13 June 2025) promises 30 days — unresolved which is notified. A development-authority allotment has no intkal — a separate application instead. Chandigarh auto-mutates: since 2025, deed data passes digitally to estateoffice.chd.gov.in on registration, with Branch Clerk scrutiny due in two hours (leasehold, valid NOC) or four (freehold) — every annexure must be correct and filed WITH the deed. Change of ownership is a 30-day service, a leasehold NOC 50 days (30 March 2026 notification); appeal runs Assistant Estate Officer to Estate Officer to Secretary Estate. Powers of attorney are themselves registered: Punjab Rs 2,000 stamp duty for a general power up to five persons (Rs 4,000 more), Rs 400 registration, Rs 2,000 facilitation; special power Rs 1,000/100/2,000. Chandigarh: general power Rs 75 (Rs 150 for more than five), special Rs 15, 3% with a sale power, Rs 50 registration. Authentication under ss.32-33 is separate from registration — see Suraj Lamp & Industries v. State of Haryana, (2012) 1 SCC 656 first.

Notarisation

Not required by law, but do it anyway — Sub-Registrars, advocates and banks routinely want a notarised NOC, and a notary fixes the date and signatory's identity. Bring original Aadhaar/PAN; each party signs before the notary. Separate originals or a companion deed for further parties each need their own witnessed pages. Chandigarh accepts a notarised affidavit in place of an Executive Magistrate's. Signing from outside India: use a consular officer, or notarise locally and apostille. Stamp duty is due within three months of first receipt in India (s.18), and anything executed abroad for an Estate Officer transaction must first be embossed by the Chandigarh Finance Department — the routine NRI trap.

Witnesses

Two independent adult witnesses — not strictly mandatory, but s.3, TPA sets the benchmark. Each must watch the party sign, giving full name, parentage and address. If registering, Chandigarh's first witness isn't a free choice: paragraph 127, Punjab Registration Manual requires a Lambardar, Sarpanch or Panch (rural) or a councillor, gazetted officer or advocate (urban) — both known to each other, the first to the Sub-Registrar. Chandigarh also needs photographs on every deed, freehold urban transfers in triplicate. Pick witnesses with no stake, outside the family. Every registering Consenting Party needs Aadhaar/PAN for photos/biometrics; anyone who can't travel needs a POA under ss.32-33. In Punjab, the same person may be needed again before the Circle Revenue Officer for mutation.