The Chandigarh Estate (Amendment) Rules, 2020

The Chandigarh Estate Branch on July 8, 2020 has issued the Chandigarh Estate (Amendment) rules, 2020 to further amend Chandigarh Estate Rules, 2007. 

Following amendments have been made to Chandigarh Estate Rules, 2007: 

• Rule 7(i) related to “Transfer of site or building by the allottee/lessee” has been substituted, namely:-

Allotment cases: No site /building sold by way of allotment, whether on lease hold basis or on free hold basis, shall be allowed to be transferred before the expiry of 5 years from the date of allotment unless in the opinion of the Estates Officer exceptional circumstances exit for the grant of permission to transfer before the said Period”. 

Provided that there shall be no restriction of ban period and liability of unearned increase charges on transfer of the site building allotted on free hold basis, if, the allottee/transferee has paid full consideration amount/price, dues etc. of the site. 

Provided that 1/3rd of the unearned increase in the value will not be charged if the mortgage of charge of a site/building is created with previous consent in writing of the Estate officer, in favour of the Central Government, State Government, Chandigarh Administration, Life Insurance Corporation of India or any Scheduled Bank for securing a loan to be advanced by them for constructing the building on the site. 

Provided further that the Government shall have the pre emptive right to purchase the mortgaged or charged property after deducting r/3rd of the unearned increase as aforesaid. 

Provided further that the Government’s right to recovery of r/3rd of unearned increase and the pre emptive right to purchase the property as mentioned hereinbefore shall apply equally to an involuntary sale of transfer whether it be or by or through an executing or insolvency court.

[Notification No. 45/5/22-UTFI(6)-2020/9293]

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