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Transfer of encroached properties not allowed: CHB

In such cases, the applicants are required to remove the encroachments prior to initiating transfer mutation/execution of lease deed or conveyance deed, said Garg.

The Chandigarh Housing Board (CHB) has clarified that property transfer of dwelling units that have encroached upon public land will not be allowed unless these violations are removed.

“As clearly mentioned in the earlier CHB orders, the delinking of transfer/mutation/execution deeds has been allowed from building violations only. Accordingly, delinking is not applicable for cases where encroachments have been made on government/public land,” said Yashpal Garg, CEO, CHB.

Several allottees have encroached upon public land by way of additional structure, cantilever, balcony and staircase. In such cases, the applicants are required to remove the encroachments prior to initiating transfer mutation/execution of lease deed or conveyance deed, said Garg.

In April, providing major relief to CHB allottees, the board had delinked building violations in the CHB dwelling units from the transfer of properties. It was the long-pending demand of allottees as majority of them were not able to sell their properties due to building violation cases and notices.

The board in its meeting in March had decided to delink building violations from transfer of freehold units. The board had decided that in case of freehold units, the transfers entry in the CHB record to be made on the basis of registered sale-deed and an affidavit from the transferee being responsible for all the existing building violations issues and ongoing proceedings, if any. However, in April’s order, the board not only bring relief for freehold unit owners but also of all other types of properties.

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