Municipal Gharpatti (Property tax) Transfer
Querist :
Anonymous
(Querist) 09 June 2011
This query is : Open
We recently purchased property from say one Mr. X through duly registered transfer deed.
This property was built on behalf of society members and allotted to Mr. X on completion.
Mr. X had mortgaged the property with a bank on the basis of the allotment letter, share
certificates in his name and letter from sub-registrar of societies recognising his membership.
We paid up and cleared the mortgage on behalf of Mr. X and executed a transfer deed for
transfer of ownership to us. This deed has been registered with the sub-registrar's office.
Now Mr. X was rather lax or ignorant about getting the Gharpatti (Property Tax) transferred
to his name when he took possession of the premises he was allotted.
Recently when we approached the municipality we were informed the property tax (gharpatti)
stood in the name of "Chairman" of the society and there is a sum of Rs. 5469/- in arrears
towards property tax payment.
We got Mr. X to pay up and clear the arrears and also asked him to apply for transfer of
Gharpatti (property tax) to his name, so that then we can apply for transfer of
Gharpatti(property tax) to our name.
Mr. X applied for transfer of the Gharpatti and attached true-copies of Allottment letter,
Share Certificate in his name, Letter of recognition of membership provided by Sub-registrar
of Societies. However, municipal officers, for reasons best known to them, are refusing to
accept or entertain his application and are demanding that he also attach a deed of
sale/purchase/transfer similar to ours.
Since Mr. X has never purchased the said premises but instead was allotted the same by the society
which built the premises, he has not got any sale/purchase/transfer deed but only has allotment letter,
membership recognition letter and share certificate in his name.
Society is registered CHS, however dysfunctional since many of its members aren't educated
and the chairman left without constituting a new managing committee. We plan to request sub-registrar
of societies to appoint administrator since there is no one to administer the society, but that is not
what this query is about.
Primary query is to know if Municipality is right in demanding Sale/Purchase/Transfer deed when there
is none and not entertaining the application for Gharpatti (Property Tax) transfer to Mr. X even when
he is providing documents like Share certificates, Allotment Letter,
Sub-registrar of Societies letter recognising his membership and ownership and what can be done
in this case?
We have written to the Ward Officer and are awaiting his reply on the matter, but would greatly
appreciate expert views/suggestion on how we should deal with what to us seems deliberate
obstruction and harassment by municipal authorities.
Please also note that this property was mortgaged with a bank, so the question of Mr. X not
having proper and clear right and title to it is perhaps resolved, since its highly unlikely
that any bank would forward a loan against a property with ownership in doubt.
Awaiting your advise.
Thanks in advance.
