Transfer of property and house tax evasion
Guest
(Querist) 09 January 2012
This query is : Resolved
Defence personnel serving or retired are exempted from paying house tax for one dwelling unit if he /she is residing in that house/Flat in Hyderabad/Secunderabad.
One such Flat has been re-purchased by a civilian duly registered by Sub-Register of that area. But the GHMC is not informed either by the Sub-Register nor by the new owner. Whose responsibility is to inform GHMC of the transfer of property?
A V Vishal
(Expert) 09 January 2012
New owner should inform
Guest
(Querist) 09 January 2012
But he is the beneficiary. He is not affected as civic services provided by GHMC is common to the Apts and being paid from the Maint charges collected from the owners A, B or C.
My point towards systemic failures. Isn't it the responsibility of the Sub Registrar office to effect such changes in the GHMC registrar? The Tax Collector is the happiest as he/she is bribed for not notifying any change in its record. It is happening in many such transfers of properties in this locality.
A V Vishal
(Expert) 09 January 2012
No it is not the job of the Sub registrar since the Registration act does not make him responsible for intimating to concerned departments like GHMC, electricity or water etc... You have a genuine concern but the solution is not practicable.
R.Ramachandran
(Expert) 09 January 2012
Dear Mr. Haridas,
I appreciate your point.
If the Municipality will not take action, and if the new owner will not intimate the Municipality - both the new owner and the bill collector only benefit.
Therefore, if you have concrete information, as a public spirited citizen of this country, and a former army man, if you so wish and come forward, you can definitely write to the concerned Authorities under Registered Post and then follow it up with RTI applications as to the actions taken by them on your information.
prabhakar singh
(Expert) 09 January 2012
Your several concerns on which any ordinary prudent man can act on his own,comes here for what?????????????
Guest
(Querist) 09 January 2012
To remind you all of your social responsibilities.
Guest
(Querist) 09 January 2012
And to Dear Sri Ramachandran
I have written to :
a) Dy Commissioner GHMC Malkajgiri- Who instead had terminated my exemption for my only Flat in that same apartment and has charged me House Tax with penalty. That's another fight.
b) To the Sub Registrar- Who says it is not his job.
c) Submitted RTI query asking them to provide me list of exemptees with their flat/house Nos, the name of the concerned tax collectors in my area- Reply not recd. First appeal to Chairman and second appeal to SIC, AP has also been made. No reply recd as on date.
d) Informed Registrar of Stamps , Govt Of AP online and by post .
Pl advice me how to crack the nuts without engaging an advocate to file a case in the court of law as I am not sure it will be completed in my life time.
R.Ramachandran
(Expert) 09 January 2012
Dear Mr. Haridas,
Let me make it clear to you at the threshold that I am an Advocate.
Probably would you mind any answer from me, lest it should break your resolve not to engage an Advocate.
If your resolve is only not to engage an Advocate to file a case, but not for other things, then my reply is:
(b) and (d) have no role to play.
Yes, you have to carry on with (a) and (c).
There are no easy ways.
In the process you will learn that Civilians have more tougher life to endure than Army personnel!
Guest
(Querist) 10 January 2012
Dear Sri Ramachandran
I do not at any point of time dispute that civilians are facing much more complex and tough situation in day to day life. It only can be disputed whether it is created by God or by ourselves.
I have a small query on your remarks on Sub-Registrar ( and then Registrar of Stamps etc) . Let me cite my personal example while obtaining a student loan for my daughter from central bank of India AS Rao Nagar Br, Hyderabad. I needed to mortgage my property to the bank. And this was to be done by the Sub Registrar on a stamp paper.The document writer prepared the document and I submitted for Encumbrance Certificate . Sub Registrar asked for the House tax details which was not attached. Being exempted from paying House Tax I needed to produce some document in support of my claim though it was known that Armed forces personnel are exempted from paying house tax.
What I am hinting at while approving transfer of a property owned by a armed forces personnel( exempted category) to a civilian(non-exempted category)it is binding on the Sub-Registrar highlight this point or get an endorsement from the Municipal auth as was done in my case.
Both the Municipality auth and the Sub Registrar are the officers of the state, can there be some clause while transferring / mortgaging any property at the Sub -Registrar office?
R.Ramachandran
(Expert) 10 January 2012
Dear Mr. Haridas,
In any organization, the roles and responsibilities are well defined.
Therefore, though you may wish that "it is binding on the Sub-Registrar highlight this point or get an endorsement from the Municipal auth as was done in my case", unless the roles and responsibilities require so, it won't bind the Sub-Registrar.
To my knowledge, there is no binding provisions.
Wherever it was required of him (e.g. house tax payment particulars) he has done, where he is not required, he cannot be expected to do.
Guest
(Querist) 10 January 2012
Ok . I will try to stir the issue with the municipal auth and expedite my RTI query which is in the cold storage at the SIC , Hyderabad.
Thanks
Raj Kumar Makkad
(Expert) 15 January 2012
I do agree with the opinion of experts.
Guest
(Querist) 31 January 2012
My second appeal to State Info Commission (AP) is in the cold storage. I think till Telegana State is formed or Lokpal Bill is passed GHMC( Malkajgiri) or the Sub Registrar) Malkajgiri)and Director General Stamps and Registrars will allow such exemption to continue in collusion with the new owner and the local tax inspector.
Now again I have engae a Law officer of a court to file a legal appeal for the interest of the genuine tax payers. Law is an Ass.
