Government of Haryana
TERMS AND CONDITIONS

TERMS & CONDITIONS FOR THE TRANSFER OF HOUSES/FLATS IN GENERAL TRANSFER CASE

  1. The hirer is only entitled to transfer the tenancy rights during the concurrency of HPTA. Once full payment of the house allotted to him is made transfer can be made only by way of Sale Deed, after execution of Conveyance Deed by Housing Board Haryana.
  2. Once full payment is made and no due certificate is issued, Conveyance Deed would have to be executed. Although demand for land enhanced compensation of cost due to finalization of cost houses can be raised as amount due from the allottee.
  3. The transfer of tenancy rights will not be restricted in the blood relations and the same can be transferred to any Person also.
  4. Power of Attorney holder is also competent to get the house transferred on behalf of hirer provided the Power of Attorney contains a clause to this effect and the attorney is legal , valid and enforceable and the hirer is alive.
  5. No transfer will be allowed until & unless all the arrears due are cleared on the of submission of application for transfer.
  6. No eligibility condition has been prescribed for the transferee except that the transferee shall be major i.e. completed 18 years of age at the time of transfer for all categories.
  7. No transfer will be allowed in case of any pending litigation or stay order by any court.
  8. In case where full payment is yet to be made and HPTA is enforceable, transfer can be allowed more than once subject to payment of requisite fees and submission of documents and completion of formalities.

TRANSFER OF EWS DWELLING UNITS

The terms & conditions for the transfer of flats are as under:

(i) BPL/EWS to BPL/EWS (1 Year) with the condition that the Seller and purchaser shall not be eligible for such benefit in future.

(ii) BPL/EWS to non BPL/EWS (5 Year) with the condition that the Seller and purchaser shall not be eligible for such benefit in future.

In case transfer is allowed after one year of allotment, then affidavit of transferor and transferee should also be obtained with the condition that the transferor and transferee shall not be eligible for such benefit in future. After completion of five years from the date of allotment, transfer of EWS flats are allowed to anyone without condition.

PROCESSING FEE AND TRANSFER FEES CHARGES WILL BE AS UNDER:

Sr. No.
Category
Processing fee (Amount in Rupees)
Transfer fee charges (Amount in Rupees)
1.
BPL/EWS to BPL/EWS
500/-
3,000/-
2.
BPL/EWS to Non BPL/EWS
500/-
4,000/-
3.
LIG
500/-
7,500/-
4.
LIG
500/-
12,500/-
5.
HIG
5000/-
Sale price less than 10 lakh
transfer fee Rs. 25000/- Sale price
more than 10 lakh transfer
fee Rs. 25,000/- + 6% of the amount exceeding Rs. 10 lakh.
6.
All Other Categories
such as T-I, T-II, T-A, T-B etc.
2500/-
Sale price less than 10 lakh
transfer fee Rs. 15,000/-
Sale price more than 10 lakh
transfer fee Rs. 15,000/- + 5% of the
amount exceeding Rs. 10 lakh.
7.
Commercial
10000/-
@ 7% of sale price of the property.

PROCEDURE FOR TRANSFER

i) The hirer/allottee will submit an application to the concerned Estate Manager seeking permission to transfer the house as per performa T-I.

ii) The hirer/allottee will be required to furnish the following documents alongwith application:-

  A- Process fee of category in the shape of bank draft in favour of Housing Board Haryana payable at station of E.M.  concerned.

  B- Photostat copy of the allotment letter.

  C- Duly attested Affidavit. (Affidavit is to be executed by the transferor, regarding transfer of allotment in his/her favour). Notary Public/Executive Magistrate Ist Class as per performa T-II.

  D- Duly attested Affidavit to be executed by the transferee. Notary Public/Executive Magistrate Ist Class as per performa T-III.

iii) In case application is given by the Attorney Holder then following documents should also be furnished:-
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 still in force in favour of the Attorney Holder.

iv) The Estate Manager concerned will verify the contents of the 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 decision for transfer will be taken and provisional transfer permission conveyed to the hirer.

DOCUMENTS TO BE SUBMITTED AFTER PROV. TRANSFER:

1. Indemnity bond to be given by two independent persons on non judicial stamp paper of Rs. 15/- duly attested by Magistrate 1st Class/ Notary Public in form T-IV

2. Indemnity bond by transferee on non judicial stamp paper of Rs. 20/- duly attested by the Executive Magistrate/Magistrate 1st class/Notary Public in Form T-V.

3. Prescribed transfer fee.

Final permission for transfer of allotment of house/Flat is conveyed by the concerned Estate Manager under intimation to transferor/transferee after the receipt of above documents and transfer fee. Transferee is required to execute fresh hire purchase tenancy agreement in the office of the concerned Estate Manager.