Registration of Transfer by succession in Municipal records
RAJU
(Querist) 16 December 2012
This query is : Resolved
50year Lease Rental agreement was made with Municipal Corp. Of a large plot in 1965 of which M holds 4 small divided plots (total Area of 4 plots- 5050 Feet).M died in March 2003 , he had made will & had named his wife,N the transferee.
1).The Lease agreement clarifies that for transfer by succession 110Rs will be charged for registration in Municipal records. Sub-division will be permitted on payment of 100Rs per Sq Feet.Late intimation of succession /subdivision attracts composition fee of 50 Rs extra. Now when we have to pay lease rental,Municipal Corp. are saying first register transferee's name in our records, which will cost around 2Lakhs.But as per agreement it shouldn't cost more than 5-10000 including subdivision of plots! how much does it cost? Does Municipal corp. Act say anything about it?Does the act's rates,if any, have precedence over Lease Agreement? Please tell estimated correct cost for registration of transfer? (Specify rate per sq feet if applicable, area-jabalpur, M.P.)
2) 50year Lease Agreement ends in 2015.The whole plot was earlier single, but now it is divided into many different plots, N has four plots named after her. She wants to renew agreement only for her share of 4 small plots & not the original whole plot. Can she do so? What ,shall be the procedure and if possible give, estimated cost of renewal ?
Raj Kumar Makkad
(Expert) 16 December 2012
1. The Stamp Act has to prevail over the agreement made 50 years ago. The currents rates of stamp are to be locally known but those have definitely ponder over the agreed rates.
2. If the division of the property has duly been entered in the documents of municipal corporation then N has got separate and independent right to get her share renewed but if the situation is otherwise then has not chance.
