Leasehold to freehold: Remove building violations for conversion, says Chandigarh Housing Board

Tribune News Service

Dushyant Singh Pundir

Chandigarh, September 2

For the conversion of leasehold dwelling unit of the Chandigarh Housing Board (CHB) to freehold, the allottee will have to first remove building violations in the unit.

In May this year, the CHB had allowed the transfer of built-up units, lease deed and conveyance deed in the name of allottees/transferees without linking it with building violations. The transfer is to be allowed on the submission of an affidavit by the transferee that he/she will be personally liable for settling all court cases and dues for settling past liabilities and will also remove or regularise building violations, misuse or unauthorised construction, etc., as per the rules.

Wrong affidavit may attract action

The permission for conversion from leasehold to freehold may be withdrawn in case the applicant fails to remove the building violations within a period of 30 days and the conversion fee may be refunded to him/her without any interest. Action may be initiated for submission of wrong affidavit with regard to building violations. —Yashpal Garg, Chief Executive Officer, CHB

An order issued by Yashpal Garg, Chief Executive Officer, CHB, on August 31, stated that since conversion to freehold would entirely change the nature of ownership, it could not be equated with the cases of transfer of ownership or execution of lease deed or conveyance deed. Accordingly, it might not be appropriate to allow conversion to freehold when the allotment on leasehold basis was under the process of cancellation. When unauthorised construction/misuse is on record and/or proceeding for cancellation is underway, these aspects could not be ignored in allowing conversion and conveyance deed, he stated.

“Building violations are to be removed within a period of 30 days for getting a conveyance deed executed and permission for conversion of leasehold property to freehold,” Garg stated, added that the permission for conversion from leasehold to freehold might be withdrawn in case the applicant failed to remove the building violations within a period of 30 days and the conversion fee might be refunded to him/her without any interest. Action might be initiated for submission of wrong affidavit with regard to building violations,” he said.

As per the Chandigarh Conversion of Residential Leasehold Land Tenure into Freehold Land Tenure Rules, 1996, an applicant is required to file an affidavit mentioning that there is no unauthorised construction/misuse in site.

What rules say

As per the Chandigarh Conversion of Residential Leasehold Land Tenure into Freehold Land Tenure Rules, 1996, an applicant is required to file an affidavit mentioning that there is no unauthorised construction/misuse in site.

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