Chandigarh Administration Department of Cooperation Order Pursuant to the order dated. 12.'1.2O16of Chandigarh Administration, finance Department Issued vide endst. No. 31/1/452/ UTFI(4)/ 2015/019 dated
22.01.2016(copy enclosed) directing that no transfer of share/ flats/ dwelling units in the Societies shall be allowed by the respective .management of the Society In contravention of the law reiterated .by the Hon'ble Apex Court In SLP No. 1391/ of 2009 titled Suraj Lamp &. Industries Pvt, Ltd 7s. State of Haryana and Am- and further followed by the Hon'ble High Court of Punjab and Haryana in CWP No. 16227 of 2009 titled Amrltpal Singh Vs. Chandigarh Administration to the • effect that Immovable property can be legally and lawfully transferred/conveyed only by a registered Deed of Conveyance (sale deed) or Deed of Transfer of Leasehold rights, as the case may be, In accordance with the provisions of the Transfer of Property Act, 1882 read in conjuctlon with Indian Stamp Act, 1899 and Registration Act, 1908 and not by way of SA/GPA/WILL transactions which are not 'transfers' or 'sales' as such transaction., cannot be treated as completed transfers or conveyances, and further to protect the Interests of bonafide members and prospective purchasers from1 any unwanted litigation, and to streamline the procedure for the purpose,-lhe following guidelines are hereby Issued for regulating the transfer of share/flats/dwelling units In the Cooperative House Building Societies in Chandigarh:-
1. The Society.has paid full premium of the site allotted to it and obtained NDC from th.e Estate -Offlcer/Chandlgarh Housing Board, as the case may be. •
2. The Society had chunk of land allotted to It,, transferred in its name, on freehold or leasehold .las per the terms of allotment by executing the Deed of Conveyance or Lease Deed, as the case may be, on paying the prescribed stamp duty on actual amount paid to toe Chandigarh Housing Board/ Chandigarh Administration, as consideration. ■ In case It has jiot been done, the Society shall get this done within a period of six months, .In consultation with Estate Officer or Chandigarh Housing Hoard, as the case may be.
3. Upon the execution of-Deed.of Conveyance and Lease Deed, as toe case may be, as In para'2 a bo re, the transfer of individual dwelling unit (s)/flat In each Society shall be allowed only through the Deed of Conveyance/ Sale Deq'd) or Deed of Transfer of Leasehold rights, as the case may be, tojbe executed and registered on payment of the prescribed stamp Iduty co the value of dwelling unit as determined by the Collector from time to time.
4- A GPA/SPA/Sub GPA Holder may however, execute a Deed of Conveyance ( Sale Deed!) or Deed of Transfer of Leasehold rights tn exercise of the powers .'granted'under the Power of Attorney and convey title on behalf of the Executant as held by the Hon'ble Apex Court In favour of intending purchaser.
5. The intending purchaser or .his/her spouse or dependent children should not possess/ own either on free hold, lease hold or hire purchase basis, a dwelling unit or a residential house/site/flat at Chandigarh; Manlmajra; Panchkula and SAS Nagar (Mohali) on the date of execution of Deed, of Conveyance ( Sale Deed) or Deed c' Transfer of Leasehold' rights, -as the case may be. After the execution of Deed of Conveyance ( Sale Deed) or Deed of Transtpi of Leasehold rights, as'ln para 3 above, the purchaser snail no; ;> eligible for enrolment ss a member in any other Cooperative House Building Society In Chandigaih for transfer of share/Zlat.
f • t. ■ f 2-
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The Intending purchaser shall seek NOC from the respective Society to the effect that no dues are pending on the part of the outgoing • member/allottee/lessee, and- the Society has no objection to his/her enrolment as a member, whleh-shall be a pre condition before the execution of Deed of Conveyance ( Sale Deed) or Deed of I ransfer of Leasehold rights, by the outgoing member .of the Society as in para 3 above.
Upon the receipt of the application from the transferee/Jntendlng purchaser for NOC, 'the Society shall Immediately Invite objections from the General Public through Public Notice In three leading newspapers, one-In English, ore In Hindi and one In Punjabi having wide circulation Iff. the area giving full particulars of the share/property and. the applicants) who have applied for transfer of ■ share/dwelllng unlt/flat In nls/her favour giving at least thirty (30) days from the date of publication of the notice which shall be at the cost of the transferee(s), stating that If any person Is/are -having any objection against the transfer, of right, title or Interest in the share/dwelllng unlt/flat, the same may be submitted to the Society In writing, along with supporting documents within thirty (30) days of the publication of the notice, falling which action will be taken for Issuance of NOC. .
The Intending purchaser shall deposit transfer fee by way of Demand Draft In favour of the respective Society as detailed below in lieu of unearned increase liable to be paid by the member as per provisions of Capital of Punjab (Development and Regulation ) Act, 1952 and rules framed, there under; before execution of Deed of Conveyance/ Sale' Deed) or. Deed of fran./er .of Leasehold rights, as in para 3 above:- • Category A Category B Category.C' 9 : 1,00,000/- : 50,000/- : 30,000/- ■The said payment shall further be deposited by the respective Society In favour of Reglstrrr, ■ Cooperative Societies Department, U.T. Chandigarh by . waylof Demand Draft after allowing transfer of .
share/DU/flat under para 14 I elow.
In the. case pf .transfer of share/ flat/ dwelling unit to a legal helr(s) or family members.'I,e. mother, father, spouse, brother, sister, son and daughter,lit shall not be construed as transfer for the purpose of transfer fee. j In addition to transfer fee as in para' 8 -above, the transferee/Jntendlng purchaser shall also pay a sum of Rs.25000/- by way of Demand Draft l.'n favour of the respective Society as miscellaneous/' processing charges besides other expenses likely to be Incurred by the Society f„r processing of his/her application for the transfer of share/flats, before execution of deed of conveyance ■ (Sale Deed) or Deed oflTransfer of Leasehold rights, as in para 3 above or otherwise.. j The transferee/intendihg purchaser shall furnish all requireddocuments and also an Indemnity bond to the effect that:- a) He/she shall be personally liable for settling all the court cases and dues so -• levied by’ the Society or Chandjgarn Administration’for settling the past liabilities;
b) He/she shall remove toe building vlolatlons/mlsuse, if any;
c) He/she will execute the redemption deed If not executed earlier, wherever applicable., ■? r r
10.
•Li On completion of all requisite formalities by following the guidelines at S NO 2 5 to 10 above of this order, If the Intending purchaser is ■ found eligible' for enrolment as a member of the Society in place of outgoing member, the respect!?e Society after passing a resolution in a meeting of the Executive Commlttee/Managlng Committee and after obtaining'prior approval of tire Registrar, Cooperative Societies, ' u.T. Chandigarh, shall Issue NOC for the enrolment of the said ' ■ transferee/lntendlng purchaser a; a member of the Society and for the transfer of the right, title or Interest In the flat/lmmovable property In his/her favour through a written letter which shall be subject to the terms and conditions of original allotment, the Punjab Cooperative Societies Act, 1961 and rules/byelaws framed there under and the Capital of Punjab (Development.& Regulation ) Act, 1952 and rules/Chandlgarh Allotment of Land to Cooperative House Building Societies Scheme, 1991 (repealed) framed there under, enabling the transferee/lntendlng purchaser to execute the Deed of conveyance ( Sale Deed) or Deed of Transfer of Leasehold rights,, as the case may be,-as In par;'3 above. While Issuing NOC, the Society shall also "make It clear that this shall not confer any right upon the transferee/fntehdlng purchaser to claim the transfer of the right, title or .Interest-in the share/ flat/ dwelling unit In his/her favour till he/she submits ..the duly stamped and registered deed of conveyance (Sale Deed) or Deed of transfer of Leasehold rights, as the case may be. ’
12. In the case of transfer of shar//dwelling. unlt/flats to the legal heirs in the event.of death of .the cllottee/lessee, procedure notified by Chandigarh Admlnsltration, Finance Department (Estate Branch) vide No.45/5/22/ I^FI(5)/20^/335j dated 23.4,2014 shall be followed.
13. Once the deed of conveyance ( Sale Deed) or Deed of Transfer of Leasehold rights, as the [case ,nay be, (In triplicate ) duly stamped has been executed a[nd. .registered with the Sub Registrar, Chandigarh, the transfej-ee/lntendlng purchaser shall apply for the transfer of share/dwelllrjg unlt/flat'ln the Society to the respective Society along with a copy of the duly stamped and registered Deed of Conveyance (Sale Defed) cr Deed of Transfer of Leasehold rights, for .change of transfer bf right, title or Interest In the share/flat/ dwelling unit In the Society's record and Issuance of fresh share 'certificate. ... . .
Upon receipt of application as per para 13 above, the Society shail ' convey the enrolment 0/ the said transferee/lntendlng purchaser as a member of the Society anti transfer the right, title or interest in the share/flat/DU In his/her favour through a written letter subject to the terms and conditions cf original allotment, provisions or the Punjab Cooperative Societies Act, 1961 and rules/byelaws framed there uridef.and the Capital cf Punjab (Development & Regulation ) Act, 1952 and rules/CnandGarh Allotment of Land to Cooperative House Building Societies Scheme, 1991 (repealed) framed there ■ under and shall also issue a fresh share certificate.
Once such a transfer takes place, the new owner or shareholder shall be treated as a registered member of the Society.
All transfer of shares/fiats either on the basis of GPAs or otherwise being in contravention [of essence of the narration of the Hon’ble Apex .Court In SLP No. 1'3917 of 2009 titled SuraJ Lamp & Industries Pvt. Ltd Vs. State of Haryana and Anr as well as by the Hon'blp Punjab and Haryana- High -Court In CWP No. 16227 of 2009 tittec’ Amritpal Singh Vs. Chandigarh Administration read in conjunction with Transfer of- Property Act, 1882, Indian Stamp Act, L8fH Registration Act, 1908 and Powers of Attorney Act, 1882 shall riot o.
construed as cbmplQted or concluded transfers in the absence w ji .-n 4 ' i A ■■ - / f stamped and registered deed of conveyance or lease deed, as the ■ case may be. - The Intending purchaser shall be liable for. action against him/her as per law If any Information furnl-ha.Tby him/her Is found to be false.
This Issues with the approval of H.E. the Administrator.
Chandigarh, dated the ' 5“’February, 2016 It. - — “ — - Endst. No. 178/HII (4)/2015/Dated, the A copy Is. forwarded tj. thii Controller, Printing & Stationery Department, U.T. Chandigarh with 'the. request that the above order may please be published In'■ the CIL'Jdlgarh Admlnsltratlon Gazette (extraordinary) and'supply-30 printed -copies thereof for^offlce use and record, 17-' ‘ T Admlnistrator.
unawna Garg, IAS, Secretary Cooperation Chandigarh Administration ■Joint Secretary Cooperation, . " For Secretary Cooperation, - Chandigarh Administration.
Endst NO.178/HII (4)/2015/ 7^7 Dated, the . A copy Is forwarder; to the following for Information and necessaryaction:-- 1, Finance Secretary,-'Chandigarh Administration;
2. Deputy Commissloner-pum-Collector, U.T. Chandigarh with the request that he may please immediately notify the collector rate In respect of Category.. A, B and C dwelling units/flats in Cooperative House Building Societies for- the purpose of execution of a deed of conveyan|e/lea..e deed, as the case may be, by the seller,for the transfer of dwelling unlt/flat In favour of the ln£erldlng purchaser?
3. v-Reglstrar,. Cooperative Societies, U.T. Chandigarh with the request that he may [bring the guidelines to the notice of all Societies for strict, compliance' and ensure that no transfer of ■ sh’are/dwelling' unlt/flat In the Societies Is done by the managements In contravention of the law of land;
4. Secretary, Chandigarh Housing Board, Chandigarh with the • request that he .may provide a specimen of, conveyance deed/lease deed, as the cate may be, to all the Societies and also-Intimate the stamp duty likely to be paid by each Society for execution of conveyance dued/lease deed, as the case may, as ■ per terms of allotment
5. Sub Registrar, Cha.ndli
6.
Cooperative House Bullbl of a deed of conveyance, X*- LU- L^-__Z_1. I IZf LI |W LILIII.
Inperlalng purchaser?
Fteglstrar,. Cooperatl it itri' a rd W th!
imp yahce dued/lease ent [letter.
Irf1 f- hrtAd 'no'JtZ. , , Joint Secretary Cooperation, For Secretary Cooperation, Chandigarh Administration.
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