e-StampNotary
Why the utility asks for one
A distribution company or a municipal water department is not a title office and does not want to be one. But it cannot give a connection at a premises to anyone who asks, because the connection becomes a de facto address record and because unpaid dues attach to the premises. So where the applicant is not the recorded owner, it asks for the position on oath, plus the owner's no-objection, plus whatever ownership proof the owner can produce.
A bill in your name proves you paid for the supply. It does not prove ownership, tenancy or any interest in the property, and no affidavit filed with a utility creates one. Anyone telling you that "get the light bill in your name and the property becomes yours" is wrong, and acting on it can turn a family arrangement into litigation.
The four situations we see
New connection at premises not in your own name
Rented, or occupied with the owner's permission. The utility will want the owner's no-objection with ownership proof in the same name, and your affidavit stating the basis of occupation. See NOC affidavit and rent declaration affidavit.
Recorded consumer has died
The name has to be changed to an heir or to the person now occupying. This is where most delay occurs. Expect the death certificate, the heirship position, and the no-objection of the other heirs - see legal heir affidavit, and note that a legal heir certificate is not conclusive for every purpose. Where a will exists, say so.
Property bought but the record not yet changed
The sale deed is in your name and the meter is still in the seller's. Here the affidavit recites the purchase, identifies the deed and its registration particulars, and undertakes responsibility for the account. Bring the registered deed and the Index-2.
Ownership documents lost or incomplete
An old family property with no clear paper trail. The affidavit sets out how the premises came to be occupied, for how long, by whom, and what documents exist. Be candid; a vague affidavit here helps nobody, and the utility's officer has seen a great many of them.
Dues follow the premises
Before applying to have a meter transferred into your name, find out whether anything is outstanding on it. Arrears on a connection are commonly recovered before a new connection or a name change is allowed at the same premises, and a purchaser who did not check is the one who ends up paying. Ask for the position in writing and settle it as part of the transaction rather than afterwards.
What gets these rejected
- The existing consumer number not quoted, or quoted wrongly.
- The premises described differently on the affidavit, the NOC and the ownership document.
- Owner's no-objection with no ownership proof behind it, or proof in a different name.
- Outstanding dues on the connection at that address.
- All heirs not joining, where the recorded consumer has died.
- Load or category applied for not matching the use declared - a domestic connection sought for a shop.
The notarial act, and its limits
Section 8(1)(e) of the Notaries Act, 1952 permits a notary to administer an oath to, or take an affidavit from, any person, and under section 8(2) the act is complete only under the notary's signature and official seal. Rule 11(8) of the Notaries Rules, 1956 permits a notary to draw, attest and certify documents under the official seal. None of that certifies your occupation of the premises or your title to them. Under section 17(1) of the Registration Act, 1908 a non-testamentary instrument creating, declaring, assigning, limiting or extinguishing a right or interest of ₹100 and upwards in immovable property is compulsorily registrable, and section 49 denies effect to an unregistered one. See notarised versus registered.
Stamp duty as currently prescribed under the Gujarat Stamp Act, 1958 - we confirm the current figure at the counter. The oath is capped at ₹35 under Rule 10(1) of the Notaries Rules, 1956, with a receipt and an entry in the register in Form XV. See notary charges in Vadodara.
What to bring
- A recent bill for the premises, or the existing consumer number
- Ownership document, municipal tax receipt or Index-2 for the premises
- Owner's no-objection with the owner's identity and ownership proof, if the premises are not yours
- Rent agreement or leave and licence, where the premises are rented
- Death certificate and heirship papers, where the recorded consumer has died
- Aadhaar and PAN of the applicant
- The utility's application form and its checklist