MCD NOTIFICATION ON MUTATION OF PROPERTY IN DELHI

[REJIMON C K]

---------- Forwarded message ----------
From: narendra ahuja <narendr...@gmail.com>
Date: Tue, May 3, 2011 at 1:26 PM
Subject: Fwd: COMMON CAUSE LATEST MCD NOTIFICATION ON MUTATION OF PROPERTY IN DELHI
To: Kamal Jaswal <kamal....@gmail.com>

3rd May, 2011.

 MCD NOTIFICATION dated 11.8.2010 ON MUTATION OF PROPERTY IN DELHI

Dear Mr Jaswal,

 

 

MUTATION OF PROPERTY IN MCD AREA EXCLUDING NDMC AREA

 

For mutation  of  FREEHOLD AND LEESE HOLD PROPERTY IN MCD AREA FOLLOWING IS THE RULE AS AMENDED BY MCD Circular no tax/hq/2009/grp/d/174/A&C/p tax dated 11/8/2010

 

 " The Honble Lt. Governor of Delhi has been pleased to direct vide letter bearing No. UP NO. 14(1)/10-RN/827/15041 of OSD to Lt. Governor dated 30.6.2010  to Assessor and Collector  that

 

         ' IN CASE OF UNREGISTERED WILL, THE BENEFICIARIES MUST BE ASKED      

          TO OBTAIN SUCCESSION CERTIFICATE/PROBATE ORDER  FROM COMPETENT

           CIVIL COURT "

The above circular comes into effect with immediate effect (11.8.2010 ) 

 

 

Sd/-   MSA KHAN

                                                                          ASSESSOR AND COLLECTOR

 

This circular remained unknown to public till Hindustan Times HT Estate mentioned it in one of its articles  in November, 2010. In spite of many requests to Assessor and Collector to publish the AMENDED RULE  in the newspapers, they have refused to do so.still, it is said that this Government of AAM ADMI   (?).

 

The circular is not clear as to whether it is operative with immediate effect or it applies to those who died earlier and whose cases are pending with Property Tax Department on the day of issue of this circular.

 

Reply has now been received to my RTI application and MCD has  confirmed that it applies to all earlier mutation cases pending on the date of issue of circular and to those cases filed after the due date.

 

 

 

This amended rule is Draconian because it is also applicable to properties of those who died prior to 11.8.2010 and also to pending mutation cases. It has caused untold worries and financial difficulties to  COMMON PEOPLE  to get Probate of properties left by those relatives who died without registered Will.

 

Also, as per Section ....57  read with Section 213(2)  of Indian Succession Act 1923 , and also various Delhi High Court decisions,  Probate of immovable property is not legally necessary IN DELHI.

 

 

After seeking legal opinion on the issue, If you feel it is worth while to take up with the Lt Governor of Delhi on the following issue:, we should take up with him. It is causing untold miseries  particularly to widows whose husbvands died prior to 10.8.2010.

The notification is legally per see not in conformity with Section 57 read with Section 213(2) of  the Act and also the notification should not apply to cases of those who died earlier to 11.8.2010 and all pending cases.

 

If you feel necessary that I should come and meet you on the issue, I will come and meet at your convenience at your Office.

 

With kind regards and very best wishes,

 

N Ahuja

C.2/2262 Vasant Kunj,

New Delhi 110070

 

9312234825

Mr Kamal Jaswal,

Director,

COMMON CAUSE

new delhi 110070

[REJIMON C K]

some update info in case any one need it

 

---------- Forwarded message ----------
From: narendra ahuja Date: Tue, Sep 6, 2011 at 11:29 AM
Subject: MCD : MUTATION RULE OF MCD W.E.F 8.8.2011
 

         IF GOVERNMENT ISSUES CIRCULAR WHICH IS PATENTLY WRONG, PLEASE FOLLOW IT WITH AUTHORITIES AND GET IT CORRECTED.

 I FOLLOWED WITH MCD AND LT GOVERNOR ON THE ISSUE AND RESULT IS AMENDED CIRCULAR DATED 8.8.2011.           

 

 

                             VERY IMPORTANT
    KEEP A COPY WITH YOUR PROPERTY PAPERS

               6th September, 2011.

 

LATEST INSTRUCTION DATED 8.8.2011  ON MUTATION OF PROPERTY ON DEMISE IN MCD  AREAS  IN DELHI

 

                         EARLIER INSTRUCTIONS

 

MCD VIDE THEIR DEPARTMENTAL CIRCULAR NO. TAX/HQ/2009/GRP/D/194/A&C/pcell  dated 10 .08.2010 dealing with mutation procedure in case of unregistered will, it was notified  as follow:

 

"IN CASE OF UNREGISTERED WILL, THE BENEFICIARIES MUST BE ASKED TO OBTAIN SUCCESSION CERTIFICATE/PROBATE ORDER FROM A COMPETENT CIVIL COURT "

 

 

LATEST INSTRUCTIONS W.E.F 8.8.2011 BY ASSESSOR AND COLLECTOR , PROPERTY TAX DEPARTMENT , MCD

 

The matter has been re examined.

 After having considered, Hon'ble   Lt.Governor, Delhi has been pleased to waive the condition of the beneficiaries of an Unregistered Will obtaining Succession Certificate/Probate Order from a Competent Civil Court and to direct that Mutation may be allowed in cases of Unregistered Will in favour of beneficiary with certain  safeguards:

 

a. If the' NO OBJECTION ' of other legal heirs of the deceased are made available by person(s) claiming mutation  

                                
OR

 

b. In case no objections are not furnished by the person in whose favour mutation is sought, a notice to that effect will be issued by the Department to other legal heirs for their NOC within a period of one month. Either in case no objections are received or in case no objections are not received within the prescribed period, then mutation shall be granted:

 

c. In CASE  certain dispute exists or objections are received then the person claiming mutation be asked to obtain Probate of Will/Letter of Administration(from Competent Court).  

 

d. Indemnity bond will be continue to be obtained from the person(s) whose name is being entered in MCD records to indemnify MCD of any loss/any litigation arising in the case of said property and will continue to pay property tax under the DMC Act.

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

                                       Sd/- MSA KHAN

                            ASSESSOR AND COLLECTOR

 

 MY  COMMENTS

 

 

Registered Will for mutation of property in MCD , is accepted without any objection. Hence, it is highly desirable  rather essential that one must WRITE AND REGISTER WILL.

 

MOST OF THE TIME, RELATIONSHIPS IN FAMILY CHANGE /DETERIORATE DRASTICALLY ON THE DEMISE OF OWNER OF PROPERTY/HEAD OF FAMILY.  ANY ONE RELATIVE  -  SAY MARRIED SON/DAUGHTER, WIDOW  MAY REFUSE NOC - IN THAT CASE ONE WILL HAVE TO MOVE COURT FOR SUCCESSION CERTIFICATE/LETTER OF ADMINISTRATION COSTING AROUND 3 PERCENT OF THE VALUE OF PROPERTY TO BE PROBATED PLUS LAWYER FEE, DELAY, ROUNDS OF COURT AND LAWYER'S OFFICE.

 

THIS DIFFICULTY TO SURVIVING WIFE/SPOUSE/FAMILY  CAN BE DEVASTATING AND CAN BE  AVOIDED IF WILL IS REGISTERED .

 

 

 

 

N AHUJA

MA LLB,

ADVOCATE

WILL & MUTATION ADVISER

 

9312234825

 

--

REJIMON C K.

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