Affidavit of the GPA, SPA or Sub-GPA Holder (Estate Office Annexure-11)

Stamp duty

Rs 15 non-judicial stamp paper in the deponent's own name — the annexure is headed 'On stamp paper worth Rs. 15/- and duly attested by Notary'. Buy the next denomination up if unavailable; over-stamping is never a defect. Chandigarh runs Schedule I-A (Punjab-derived) — Article 4 for this affidavit, Article 34 for the paragraph 8 indemnity; section 5 aggregates duty on distinct matters. The current text is unverifiable — Rs 15 is what the counter takes in practice; engross on Rs 100 paper (Annexure-2's value) to avoid an Article 34 argument. Buy from an authorised vendor (up to Rs 50,000; above that via the Central Treasury or SBI Treasury Branch, Sector 17) — this is one of the few Chandigarh instruments e-stampable via sampark.chd.nic.in (capped Rs 500). Stamp paper doesn't expire after six months (Thiruvengada Pillai v. Navaneethammal, 2008) — the six months in section 54 is only for refunds. What matters is section 33 (impounding) and section 35 (inadmissible until duty plus penalty is paid). The duty that actually matters is on the POWER: a GPA WITH sale power is 3% of value or consideration, fee Rs 50; plain GPA Rs 75 (Rs 150 for over five persons); SPA Rs 15; SPA with sale power 3% too — confirm at the Sub-Registrar. Paragraph 4.3 is about this 3% — a sale-power GPA carrying only Rs 75 duty is under-stamped, penalty under sections 40/42. Do NOT apply Punjab's 2% non-family rate (2023 Amendment) — that's a Punjab Act, doesn't reach this Union Territory; the Administration's 3% is the strong reading. The deed's own duty (Rule 15, Estate Rules 2007, on the transferee): Sale, Gift or Conveyance 5%; Exchange 3% on the higher-valued property; Family Settlement 2%; Lease-rights transfer by sale 3%; blood-relation transfer exempt; Will nil; Agreement to Sell 5% on token money. Confirm the 5% — some portals say 6%. Collector rates: Sectors 1-12 Rs 2,37,900/sq yd, 14-37 Rs 1,81,300, 38+ Rs 1,33,200, commercial Sector 17 Rs 5,92,200. No Punjab counterpart exists — Punjab property runs on jamabandi and mutation.

Registration

Not registrable — section 17 requires an interest of Rs 100+ in property, and this affidavit states facts and grants an indemnity only; paragraph 4.4 confirms it moves no interest. It's an annexure: submit with the deed at the Sub-Registrar, 30 Bays Building. Since 2025's auto-mutation, the registered deed's data passes digitally to the Estate Office portal automatically, Branch Clerk scrutiny in two hours (leasehold with NOC) or four (freehold) — no later mutation application exists to cure a missing affidavit, so file it before presentation. What bites is the POWER's registrability: sections 32-33 govern who may present and which powers are recognised (a merely notarised GPA is refused); section 33(1)(c) requires a power from abroad authenticated by a Notary, Court, Judge, Magistrate or Indian Consul; G. Kalawathi Bai v. G. Shashikala, 2025 INSC 851 (15 July 2025) held this required even where the attorney both executes and presents. Whether a sale power is itself compulsorily registrable here is unconfirmed — in practice it's registered (fee Rs 50), avoiding the argument. The deed's own formalities: freehold deeds in TRIPLICATE, others in duplicate, with photographs; presentation 12 noon-1 pm, registration 3-5 pm; fee 1% capped Rs 10,000 plus Rs 20 pasting. For leasehold, nothing starts until the NOC issues and one-third of the unearned increase is paid (Rule 7(ii), Estate Rules 2007). Right to Service: 50 days for a sale, gift or lease-transfer NOC, 30 for change of ownership, 35 for mortgage permission, 15 for a No Dues Certificate — appeal ladder Assistant Estate Officer, Estate Officer, Secretary Estate.

Notarisation

Not optional — headed 'duly attested by Notary'; unsworn, it's just a declaration with no perjury exposure. The deponent appears in person before a Chandigarh notary, original photo ID, signs in his presence; the notary seals it and enters a register serial number — get that number written on the affidavit. Checklists say a notarised affidavit replaces Executive Magistrate attestation EXCEPT where a law or policy requires otherwise (unspecified exceptions); older formats still specify Executive Magistrate — ask the Estate Office which applies, and get both if in doubt. The certified copy of the power must also be Notary-attested. Deponent abroad: swear before an Indian consular officer, or a local notary then apostilled — then get it EMBOSSED by the Chandigarh Finance Department before use (every checklist requires this; no foreign notary mentions it). Stamp within three months of first reaching India (section 18). Notarisation doesn't verify the power itself — read it end to end, check its stamp against the 3% charge, and confirm directly that the executant is alive and hasn't cancelled it.

Witnesses

The printed Annexure-11 has no witness block (unlike Annexure-2's two); this template adds two anyway, since paragraph 8 is a genuine indemnity and an attested signature is harder to disown. Each witness: adult, signing in the deponent's presence, with full name, parentage, address, mobile number — not the power's executant, the deed's other party, the dealer, anyone benefiting, or the notary's clerk. The deed itself has a stricter rule: two witnesses at registration, the FIRST qualifying under para 127, Punjab Registration Manual (Lambardar/Sarpanch/Member Panchayat rural; councillor/gazetted officer/advocate otherwise), both known to each other and the first to the Sub-Registrar — use deed-qualifying witnesses for both since they cross the same counter. If the deponent can't read English or signs by thumb impression, certify the contents were read and explained, recorded in the jurat. For a company, LLP, firm or HUF, annex the board resolution or kartaship evidence.