For converting a Chandigarh Housing Board (CHB) allotted dwelling unit from leasehold to freehold, an allottee must first remove the building violations.
CHB CEO Yashpal Garg, in an order issued on August 31, held that the aspects that unauthorized construction or misuse is on record and proceeding for cancellation are underway cannot be ignored in allowing conversion and conveyance deed.
Building violations must be removed within 30 days for getting a conveyance deed executed and permission for conversion of leasehold property to freehold.
Garg said, “The permission for conversion may be withdrawn in case the applicant fails to remove the building violations within a period of 30 days and conversion fee may be refunded to him, without any interest.”
The CHB, in May this year, had allowed the transfer of the built-up units, lease deed and conveyance deed delinking it from building violations.
But on the issue of conversion, Garg observed, “Since conversion to freehold will entirely change the nature of ownership, it cannot be equated with cases of transfer of ownership of execution of lease deed or conveyance deed in the name of allottees or transferees.” Accordingly, it may not be appropriate to allow conversion to freehold when the allotment on leasehold basis is under the process of cancellation. “Conversion to freehold of a property whose leasehold status is under transfer will not be in the interest of the CHB,” said Garg.
As per Chandigarh Conversion of Residential Leasehold Land Tenure into Freehold Land Tenure Rules, 1996, the applicant is required to file an affidavit that there is no unauthorized construction or misuse at the site.
