Fail to report purchase of immovable property
gowrishankar
(Querist) 27 December 2017
This query is : Resolved
I am working in central govt, joine 2012 .I got gifted a land from my father in law and it registered on my wife name for Rs.10 lakh on 2013, that time I didn't get sanction or report to my office due to lack of knowledge of service rules. But last year I mentioned in property returns. Now how to get approval for purchased land. Now I would like build house. Please give valuable solution for me.
gowrishankar
(Querist) 27 December 2017
Failed to get sanction for purchase of immovable property
R.Ramachandran
(Expert) 27 December 2017
You say you are a Govt. servant.
But lack clarity in what you want to say.
First you say that land was gifted by your father in law. Your father in law gifted the property to whom? Please clarify this point first.
(Thereafter some more queries will come depending upon your reply)
Guest
(Expert) 28 December 2017
Doubtful description ! When registered in the name of your wife, how that can be treated as gift to you by your father-in-law?
Is there any gift deed prepared and registered in your name and by whom?
Surender Kumar Sharma
(Expert) 28 December 2017
first clear gift , or sale , it seems it is sale as mentioned it is registered for Rs.10 lakh,
Sankaranarayanan
(Expert) 28 December 2017
Yes I too stand on the same question pointed by learned friend Mr. Ramachandran.pls clarify it
Sudhir Kumar, Advocate
(Expert) 28 December 2017
do not get confused gift/sale
do not get confused whetehr in your name and inname of wife.
either way you were required to report transaction within one month which you failed.
however now you have report in APR (atleast appearing form your description) and got noted so your guilt is wiped off.
please spell out actual problem faced.
P. Venu
(Expert) 28 December 2017
Yes, the facts, as stated, are confused and lacks clarity.
Was the transaction, a gift or a sale?
If a gift to whom it was gifted - you or your wife?
If sale, who was the purchaser - you or your wife? If wife the purchaser, what was the source of the funds?
Anyhow, the transaction of property by Central Government servants is governed by the provisions of Rule 18 of the CCS(Conduct) Rules, 1964:
18. Movable, immovable and valuable property
(1) (i) Every Government servant shall on his first appointment to any service or post submit a
return of his assets and liabilities, in such form as may be prescribed by the Government,
giving the full particulars regarding -
(a) the immovable property inherited by him, or owned or acquired by him or held by him
on lease or mortgage, either in his own name or in the name of any member of his family
or in the name of any other person;
(b) shares, debentures and cash including bank deposits inherited by him or similarly
owned, acquired, or held by him;
(c) other movable property inherited by him or similarly owned, acquired or held by him;
and
(d) debts and other liabilities incurred by him directly or indirectly.
NOTE I.- Sub-rule (1) shall not ordinarily apply to Group ‘D’ servants but the Government may
direct that it shall apply to any such Government servant or class of such Government servants.
NOTE II.- In all returns, the values of items of movable property worth less than Rs.3310,000/- may be added and shown as a lump sum. The value of articles of daily use such as clothes, utensils, crockery, books, etc. need not be included in such return.
NOTE III.- Where a Government servant already belonging to a service or holding a post in
appointed to any other civil service or post, he shall not be required to submit a fresh return under
this clause.
(ii) Every Government servant belonging to any service or holding any post included in Group 'A'
and Group 'B' shall submit an annual return in such form as may be prescribed by the
Government in this regard giving full particulars regarding the immovable property
inherited by him or owned or acquired by him or held by him on lease or mortgage either in
his own name or in the name of any member of his family or in the name of any other person.
(2) No Government servant shall, except with the previous knowledge of the prescribed authority,
acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or
otherwise either in his own name or in the name of any member of his family:
Provided that the previous sanction of the prescribed authority shall be obtained by the
Government servant if any such transaction is with a person having official dealing with him.
(3) Where a Government servant enters into a transaction in respect of movable property either in
his own name or in the name of the member of his family, he shall, within one month from the
date of such transaction, report the same to the prescribed authority, if the value of such
property exceeds two months’ basic pay of the Government servant:
Provided that the previous sanction of the prescribed authority shall be obtained by the
Government servant if any such transaction is with a person having official dealings with him.
(4) The Government or the prescribed authority may, at any time, by general or special order,
require a Government servant to furnish, within a period specified in the order, a full and
complete statement of such movable or immovable property held or acquired by him or on his
behalf or by any member of his family as may be specified in the order. Such statement shall, if
so required by the Government or by the prescribed authority, include the details of the means
by which, or the source from which, such property was acquired.
(5) The Government may exempt any category of Government servants belonging to Group ‘C’ or
Group ‘D’ from any of the provisions of this rule except sub-rule (4). No such exemption shall,
however, be made without the concurrence of the Cabinet Secretariat (Department of Personnel).
Explanation I. - For the purposes of this rule -
(1) the expression "movable property" includes-
(a) jewellery, insurance policies, the annual premia of which exceeds ‘two months’ basic
pay of the Government servant , shares, securities and debentures;
(b) all loans, whether secured or not, advanced or taken by the Government servant;
(c) motor cars, motor cycles, horses or any other means of conveyance; and
(d) refrigerators, radios radiograms and television sets.
2. "Prescribed authority" means(a)
(i) the Government, in the case of a Government servant holding any Group ‘A’ post, except
where any lower authority is specifically specified by the Government for any purpose;
(ii) Head of Department, in the case of a Government servant holding any Group ‘B’ post;
(iii) Head of Office, in the case of a Government servant holding any Group ‘C’ or Group ‘D’
post;
(b) in respect of a Government servant on foreign service or on deputation to any other Ministry
or any other Government, the parent department on the cadre of which such Government
servant is borne or the Ministry to which he is administratively subordinate as member of
that cadre.
Explanation II.- For the purpose of this rule 'lease' means, except where it is obtained from, or
granted to, a person having official dealings with the Government servant, a lease of immovable
property from year to year or for any term exceeding one year or reserving a yearly rent.
Obviously, permission or sanction is required only when the transaction is made with a person having official dealing; otherwise intimation in the prescribed proforma will suffice.
Kumar Doab
(Expert) 28 December 2017
Pls respond to 1st point raised by Mr. R. Ramachandran, and further points also, if any comes up.
Kumar Doab
(Expert) 28 December 2017
You can benefit from the posts of Mr. Sudhir Kumar, Mr. P.Venu and may respond.
Guest
(Expert) 28 December 2017
2 (two vague and irrelevant posts by Mr. Kumar Doab, as of playing merely a number game just with the sole intention to add scores to his credit.
Sudhir Kumar, Advocate
(Expert) 28 December 2017
There is no need to ponder on the fact whether it is gift or sale.
There is no need to ponder on the fact whether transferred to him or wife.
Tax angle also has no relevance.
Mr Venu has elaborated the full text of rule 18
Guest
(Expert) 28 December 2017
@ Mr. Sudhir Kumar,
The querist has desired to hear the Sunder Kaand only, but Mr.P. Venu has recited the whole of the Ramayan, which you recommended.
The query does not relate to Pre Rule 18. The train of Pre-Rule 18 has already steamed off. The querist now desired to board only at the Post-Rule 18 train, as he was quite late to catch the Rule 18 train.
Since the query was controversial in nature, Mr Ramachandran and I raised respective questions for clarification, which he has not yet responded.
However, if you and Mr. P. Venu feel the query to be without any lacuna, anyone of you can advise him appropriately how to get the permission now, which he was due to get earlier within one month.
