Circular, 2018

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

a V HOUSING BOAQDEmail: cahbhgklalgmailcog Website: www.hbh.nic.in NO_HBH/CROtPM)/2018/ 230‘” IS‘ Dated lyogjzug' To The Estate Manager, Housing Board Haryana, Amendment in the policy dated 29.05.2006 relating to transfer and execution of Conveyance deed.

notice to the all concerned that the policy as framed Sub:

It is brought to the xecution of conveyance deed which w relating to transfer and 12 6 with the approval of Board of on 16.09.1987 and amended on 29.05.200 Directors. Since then this policy is being followed in all the offices. The matter regarding transfer of house /addition of name of wife/ husband in the allotment of houses and execution of conveyance deed has been considered and it has been observed that the existing policies (policy dated 29.05.2006) are restrictive in nature and not in consonance with the aims and objectives of the “Housing For All” objective of the Government and they hamper in the main objective of Housing Board Haryana, i.e to provide affordable housing to the needy persons. W policies have become redundant due to various decisions taken by BOD in recent past viz HPTA would no longer be operational as the same has been replaced by a tripartite agreement between the allottce, Housing Board Harvana and the Lender Bank/Financial Institution. Hence a new comprehensive policy was framed covering the aspects of transfer of houses, Addition of name of wife/husband and execution of conveyance deed etc. This proposed policy was approved by the BOD in its 210‘h meeting held on 06.11.2017 and it has also been approved by the Govt. on Dated 16.03.2018. Hence the existing policy dated 29.05.2006 is withdrawn and all the cases relating to transfer, addition of name and execution of conveyance deed would be dealt as per the New Transfer Policy attached herewith.

You are therefore, advised to act in the wake of the new policy in the matter relating to transfer, addition of names and execution of conveyance deed.

w. c. f. 16.03.2018 and this policy ‘ ats.

Secretary, For ChiefAdministrator, Housing Board Haryana, Panehkula.

A copy the above is forwarded to the following for information and necessary action.

1 PS to Principal Secretary (Housing), Govt. of Haryana, Chandigarh.2 PA/Chairman, PA/CA, HBH Panchkula for information of 3 The Chief Engineer, HBH, Panchkula.

4 CAO/ CRO (E&A)/TP/ Architect /O.S./ADA HBH, Panchkula.5 The Executive Engineer, Housing Board Haryana, Panchkula,Karnal, Rohtak, Faridabad and Gurugram. Secrea For Chief Administrator,

NEW TRANSFER POLICY

Transfer of houses / addition of name of wife/ husband in the allotment of houses/execution of conveyance deed.

The matter regarding transfer of house /addition 0f name or W:/husband in the allotment of houses and execution of conveyance doe has been considered and it has been observed that the ex1st1ng poliCles (policy dated 29.05.2006) are restrictive in nature and not in consonance with the aims and objectives of the “Housing For All” objective Of the Government and they hamper in the main objective of Housing Board Haryana, i.e to provide affordable housing to the needy persons. B€SldCS this these policies have become redundant due to various decisions taken by BOD in recent past viz HPTA would no longer be operational as the same has been replaced by a tripartite agreement between the allottee, Housing Board Haryana and the Lender Bank/Financial Institution. Moreover keeping in view the financial position of Housing Board Haryana, there is immediate need to adopt/frame liberal policies so that the allottees feel free to seek allotment/transfer of Houses. The earlier existing policies are thus withdrawn and one single unified policy is framed as under:— 1 TRANSFER OF HOUSES] COMMERCIAL PROPERTY:- The terms 81. conditions for the transfer of houses are as under: The hirer is only entitled to transfer the tenancy rights during theconcurrency of the HPTA. Once full payment of the house allotted to only by way of Sale Deed, after using Board Haryana.

cl the attorne isle al v 1'enforceable and the hirer is alive. 5 No transfer will be allowed until 8:, unless all the a‘ bmission of a . rrears due arepphcation for transfe ‘I‘.

7 No transfer will be allowed in case of an e 'ndin ltorder by any court. y P g l Igatlon 01" Stay8 In case where full payment is yet to be made and HP’I‘A is enforceable, transfer can be allowed more than once subject topayment of requisne fees and submission of documents and completlon of formalities as prescribed below:-

PROCEDURE FOR TRANSFER

i) The hirer/allottee w' ii) The hirer/allottcc will be required to furnish the following i. Process fee of Rs.500/— in the shape of bank draft 1r}favour of Housing Board l-laryana payable at station 0 EM. concerned.

]Photostat copy of the allotment. etter.

Duly attested Affidavit. (Affidav1t Is to be executed by the transferor, accepting the transfer of allotment in hls/her Duly attested Indemnity Bond to be executed bgl t e iii.

iv.

In case application is given by the Attorney Holder then following documents should also be furn1shed:— a) Duly attested copy of Power of Attorney.

b) Affidavit from Attorney Holder to the effect that:— 1 The allottee is alive.

2 Present correspondence address of the allottee.

3 Power of Attorney has not been cancelled and IS stlll 1n force in favour of the Attorney Holder.

The Estate Manager concerned will verify the contents of the iii) iv) application and the affidavit as per record available In the personal file of the allottee.

v) In case of any clarification/doubts, the hirer/transferor and transferee can also be called in person to ascertain the factual position.

vi) After completing the above formalities, the de01s10n for transfer will be taken and conveyed to the hirer.

vii) The rates of transfer fee for residential houses would be as under:-

(a) Upto Covered Rs.2000/ —.

area.

(c) For 700 to 1200 Rs.5500/-.

(d) For covered area Rs.10000/-.

more than 1200 These rates are applicable to all categories of houses.

viii) The rates of process fee and transfer fee for commercial/institutional/non residential property wouldbe as under:- Transfer feez- @ 6% of the sale price of the property PROCEDURE FOR TRANSFER IN DEATH CASES:- v I ‘ 1 IOTIE'E ‘ ‘tie 1!,1 ln eisi‘ of death of an ullotlc‘e, transit-r In luvoln o f”.I“ heirs will be carried out on pi‘iyment fee shall be lcvinblc.

ONS FOR ADDITLQNfQI'L—IEMLLW 1 TERMS 81. CONDITI

ALLOTMENT

In case of addition of name, added in the allotment. 0 case may be, will be charges will be paid by the hircr‘tV-"flwfl ,.___ ._,,._,-7._-..—1.666./7—--~afl- covered area_._ For 700 to 1200 sq ft covered Rs.3000/ .

a rca ll_ H For covered area more than Rs.5000/—.

wil‘e/ husband as the the name of the

2. Addition of name will only be allowed in the case where ari‘cars/ due are cleared on the date of submiSSion of application for addition.

No addition will be allowed in case of any litigation.3.

4. Addition will/only be allowed during the concurrency of the HPTA and once full payment is made no due certificate is issued no addition will be allowed.

5. The name can be added at any time after allotment.

6. Process fee of Rs. 100/— (non-refundable) will be charged.

PROCEDURE FOR ADDITION OF NAME

{Abe hirer will submit an application addressed to concerned Estate anager, Housmg Board Haryana alongwith following documents— .i.)) Affidavit duly attested.

to be added), c of husband/Wife whose name is iii) Photostat copy of the allotm ‘ . ent letter.

iv) Process fee of Rs. 100/~ in the shape of Bank draft infavour of Housing Board ' E.M. concerned, Hdt‘yana, payable. at station of

2. The Estate Manager concerne documents submitted by the hirerd Will scrutinize all the 3- After the Che . . cking, the h' requite fee as applicable, irer Will be asked the deposit the 4' After [he receipt of re 11' th e h”e1" by the Estate Manager 50:13:51“ WI“ be conveyed to l c 17- 2 The alloltcc is entitled to seek cxcculion offfipnzcyrggrcioliiziduring the concurrency of tile house allotted to him is mac 0.

3 Once full payment is made and no clue ccrxfifgfi hsdlgmlacnddConveyance Deed would have to be executed.

r li7agiion of cost for land enhanced compensation of cost due to ma 7‘houses can be raised as amount due from the allottect. the house 4 Power of Attorney holder is also competent to g6 f Attorneytransferred on behalf of hirer prov1ded the Power 10 1 validcontains a clause to this effect and the attorney IS 6%: have to and enforceable and the hirer is alive. The attorney wou submit affidavit in this regard.

The Board considered the matter and approved the same subject to the following provisions.

Approved subject to the transfer fee should not be less than as dec1dedvide agenda item No. 178.14 of 19 March 2006. After deliberation in lengththe BOD has decided as under: 1 Process fee for all category of houses i.e. Rs. 500/— Transfer Fees amount exceeding Rs. 10 lacs.

Commercial Transfer fees @ 7% of sale. price of the property.It 1s also decided be fore transferring an y will supersede all the policies notifi d b and shall come into force w. e. f. 16.03.2018.

8 efore 06.11.2017