I have purchased a plot in Hyderabad in the year 2018.
The seller has two properties adjacent to each other: 1. is 675 sq yards and 2. 112 sq. yards. (He sold me 112 sq yards plot)
History of the plot
1. The plot was a notary plot before 2012
2. In the year 2012, the seller purchased the plot and registered on his name as residential property (as it has only 15 feet wide road).
3. I purchased it in 2018 with residential property stamp duty (residential market value)
Now i received a notice saying that (incorrect adoption of market value):
the letter says: As per CIGRS vide memo No. MV1/8483/2013-2 dated 10.10.2013, in case of urban vacant land where nearby house/plot number is mentioned in the boundaries, then the highest land rate of the nearby house or plot should be adopted.
The seller who sold me the property of 112 sq yards has 675 sq yards commercial property adjacent to my plot as a boundary. He has 40 feet wide road that is commercial on the front side and back side of the plot, he has 15 feet wide road.
My plot has only 15 feet wide road as an access point. the other boundaries are houses and this commercial plot.
Usually now a days during registration process, the owner has to submit the property tax to the sub registrar. He did not pay tax to his 675 sq. yards since 2012 and also for 112 sq yards.
He wants to sell this 112 sq. yards plot as it does not make it a rectangle or square to 675 sq. yards plot and also it has only 15 wide road. Sub registrar didnt want to register this property on my name as none of the tax was paid. He paid only 675 sq yards property tax but registered my plot. I asked during that time, but the sub registrar did not raise any question and registration process was finished. I also do not have much knowledge what has happend between the owner and registrar (bribe or so).
675 sq yards was a function hall before and this 112 sq yards which is adjacent to it was used as a kitchen. it is also in the same boundary wall now. since the beginning it is not an open plot. Yes, it is true that PTI number is not there and property tax was not paid. But now sub registrar want to rectify the mistake by imposing me with commercial value, showing the letter that i mentioned above as a reference. (He should have asked the seller to pay my residential tax since 2012-2018, to update the registered document files, rather he is trying to make residential property to commericial property as the seller has given in my document files his 675 sq. yards commercial tax document).
for open plot also we need to pay tax that i know. the owner has not paid it. so i thought i will generate an new PTI number and pay the tax with penalty on the residential land. As the sub registrat has registered the plot without my tax paper, may be he wants to wash his hands by imposing me commercial value, as in records he has beside commercial tax receipt that is used to register my plot.
when i check the property market value on the official igrs website, it is showing residential value only in that area and to my house number also. just by showing this reference document, he is asking me to pay that additional amount. if i pay that then the property will become residential to commercial.
Surely it is a residential property, with history of the plot and also only 15 feet road is the access point and also it is not an open land, as it has been used as a kitchen and it still has walls on three side and in the middle, without any roof.
i would like to know my rights, possibly not to pay stamp duty and to keep my property as residential.
i would be glad to know in advance before consulting one last time with sub registrar. He is saying that he can only help in paying the addtiional amount in 3 installments and he cannot do anything. If there is possibility that i win, then i want to proceed legally by involving my seller and sub registrar in the case, as the seller has to pay the residential property tax from 2012-2018 and sub registrar registering the plot by neglecting my property tax and helping him sell his plot with his own property tax paid from 2012-2018 (675 sq. yards).
thank you very much in advance.