Explanation for late intimation of immovable property
rajesh singal
(Querist) 01 September 2014
This query is : Resolved
Dear Experts,
My daughter is a cental govt servant. I had gifted her my own house in 2011 through registered gift deed.
She was not aware at that time that as per conduct rules any immovable propoerty acquired by public servert be it gift or sale, has to be declared in their office.
Since she came to know above fact now, she gave a late intimation of the gift in her office. Now she has been served a notice from her office administration to give explanation of late intimation stating "Ignorance is not an excuse".
Please help to suggest a suitable response.
Devajyoti Barman
(Expert) 02 September 2014
Since it is genuine transaction punitive action is unlikely to occur.
V R SHROFF
(Expert) 02 September 2014
IT IS IMPOSSIBLE TO INFORM; WHAT YOU DON'T KNOW!!!!!!!!!!
Rajendra K Goyal
(Expert) 02 September 2014
Reply in polite language about omission due to ignorance and to Condon the delay in informing the private transaction from father due to affection.
ajay sethi
(Expert) 02 September 2014
agree with experts
malipeddi jaggarao
(Expert) 02 September 2014
In this case it is not "ignorance". It is a case unawareness. She can politely reply stating that the property now declared is gifted by her mother who does not wish to inform her, hence she does not have any information about the gift. Soon after it came to her notice, she has declared the same to the employer. There is no any such intention of hiding the fact. She neither purchased the property. It is a gift from her mother and late intimation is not intentional but because of late knowledge of the gift as donor did not inform her instantly after executing the registered gift deed.
They employer has to accept this version and no punitive measures can be taken on this count.
Dr J C Vashista
(Expert) 02 September 2014
I agree with the experts.
The only option available to your daughter is to reply the notice in an apological polite manner seeking condonation of delay in intimation for being unaware about the CCS CCA Rules on the subject.
Sudhir Kumar, Advocate
(Expert) 05 September 2014
I am unable to agree with any advise.
I am not able to agree (based on given facts) that one can receive a gift of immoveable property and not aware of the transaction. She might have taken leave from office to go to registrar office where transfer was registered and her signature was required.
CCS(Conduct)are statutory and rule 18 obliges every govt servant to report transaction within one month. Non-compliance can be a cause of disciplinary action.
The case can be dropped with warning also. So politeness will only pay.
Sudhir Kumar, Advocate
(Expert) 05 September 2014
further advise will be given if classification of her post could be known.
T. Kalaiselvan, Advocate
(Expert) 05 September 2014
Experts have advised well, you may follow the same to escape the wrath of the administration authorities of her office.
