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Wasif M   21 October 2020

Is this transaction valid

Sir, Mr.A being a government servant purchased two plots in the year 1986 for a sum of Rs.40,000/- each in an unapproved layout in Hyderabad. These two plots were purchased in his wife's name. Later on it was regularised in the Government in the year 1990. He got municipal tax number in his wife's name and was paying the house tax regularly in his wife's name. He was suspended from service for misappropriation of government funds in 1992. He never reinstated into the service. His wife is a complete house hold woman. she never worked anywhere throughout her life. Mr.A, constructed two floors building of in one the plot of her wife's name in the year 2000. In the year 2007, her two plots were transferred in his name through gift deeds but he never did mutation in his name till now. The properties are in his wife's name only till today.

My questions are: 1) can these properties be treated as benami ?

2) if so, what action can be initiated by others as his wife expired in the year 2012.

3) Can action be taken for violating the rules of municipality for hiding his identity?

4) can action be taken for violating the income tax rules by hiding his income from property?

what actions can be initiated against him for the wilful violations of rules of law.

kindly guide me with relevant sections for taking action please.
Thank you for your time and valuable support.
warm regards to all.
Sameer


Learning

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     21 October 2020

He was gifted that two flats by his wife through registration.  The only mutation is pending.   Now he can apply it.  Property by gift shall be taxed.  The IT department will get the gift deed details from the Sub Registrar concerned.  So the IT Dept. may collect the tax.  If he did anything against law, then complain to the officers concerned by registered post.

G.L.N. Prasad (Retired employee.)     22 October 2020

Once the title deed is in the husband's name through registration, the mutation is just a formality, and mutation can be done by payment of a fine.  1.Once the husband is having the properties in his name, they are not Benami. 2.It is no one's concern as the husband is living and he is having the property in his name.3. The municipality is not concerned with such identity, they are concerned with tax alone and if there are no arrears of tax, there is no such rule in a municipality that permits them to question ownership etc. 4  It is look out the IT dept.,  Once the misappropriation is noticed, it is the dept., look out to recover such amount and ask ACB to inquire and IT dept., naturally gets such information.

What is your locus standi and how you can take action against another citizen and on what specific grounds?

If you have any concrete proof your duty is only to complain against such a person. You do not have any more powers.

Kishor Mehta (CEO)     22 October 2020

If the INCOMETAX authorities can prove that the plots were purchased from the embezzeled money it can confiscate the plots. Mr. A's wife will have to prove the source of moneys to construct the structure. If she is not the legitimate owner all subsequent documents are illegal. 

Hamdani   22 October 2020

Thank you sir

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