Hi Sir, I am from Kakinada City of Andhra Pradesh. I wish to seek clarification from you on the laws and proceedures involved with the following case. I thank everyone for your suggestions. Our Family owns a Land Site (Plot) of 500 Sq. Yards which was bought around 1985 and registered on my mother's name. As on Today, my father passed away and my mother wants to register it by distributing across her three sons and portion on her name ,so that it is owned by the son's after her death. But the issue is that the land registered 32 years back wasn't regularziation or approved by Municipality. So, i want your suggestion on the following 1. We want to regularize it first by getting approval from Municipality. But we are not aware of the process and laws involved with it in our case. Your inputs appreciated on how we should proceed on getting approval and regularization ? 2. On the other note, While we want regularlization to be done, but in general is it necessary to get regularization before buying a new site to avoid any future problems
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1. I am not sure what are you trying to say by regularisation? If you mean to say Mutation then your mother can apply for the same on the basis of the deed in her name.
2. Its not so complicated and municipal officials would guide you properly on the issue.
3. Another option is to divide the land among yourself by way of gift deed and then get the land mutated in all of your name.
Is it an unauthorised layout ?
2) apply to municipal corporation for regularisation
3) pay the penalty levied by municipal corporation
4) contact a local lawyer
1. What do you mean to say about the regularisation by municipality?
Was the property bought by a registered sale deed?
If there was no registered sale deed, then how is you mother claiming ownership or marketable title to the property.
Municipality can collect only taxes on the property after the property is duly mutated in the name of the buyer?
Or whether you are referring to the plan approval by Municipality?
Did you approach the Municipal authorities anytime earlier, if so what was their reply or instructions on it, you may first visit the Municipal office about this and then comply the formalities in this regard.
2. The Municipal approval is essential for approval of plots and also for constructions over the vacant plots.
Mr. Kalaiselvan, Mr. Ajay Sethi and Mr.Deva Jyothi Barman. I thank you all Sir, for you kind suggestions. I am also sorry for confusing you with my terminology. I would like to clarify them now. 1. "Regularization" , i mean it is about fixing VLT (Vacant Land Tax)/Property Tax Fixation. 2. The Plot is an authorized one and we have Sale Deed and Link documents on mother dated back to 1985. 3. We have applied for VLT couple of years back and approached municipality and process went fine till some time and later municipal authorities held that and didn't proceed due to their instructions to hold from government due to bifurcation of Andhra Pradesh. We didn't proceed since. However we have a tap connection at the site and small shed with electricityc onnection and paying water and electricity bills, but not property tax for last 15 years. 4. Although municipal authorities official didn't quote as a problem, but from internal sources we came to know that the earlier sellers before has done some double registration after we bought in 1985 and is available in re cords. However, no one have actually claimed anything since last 25 years and the sites water and electricity bills are on my mother's name. I don't know if it could cause any issues for VLT fixation Thanks again for you inputs and looking for further comments from you sir.
Since you have been paying water tax, electricity charges in yor mother's name and also you have registered sale deed on yor mother's name, nobody can create any problem disputing her title or interfere in her possession and enjoyment of the property.
Since you have not followed up with the concerned authorities for paying appropriate taxes after your matter was held up due to the state bifurcation,you can pursue the mater even now since it is never late.
It should not cause any problem in fixing the tax.
In case of any excess tax is fixed you may challenge it before the appellate authorities accordingly.
1)if there is double registration done by seller you dont have clear and marketable title to the property
2)in any case there is no harm in approaching authorities for fixation of property tax for your land
Hello,
If a double registration ha been done by a seller at some stage then definitely you do not have a clear title of the land; additionally you may approach the local authorities to clear the title.
It is advised that you contact a local lawyer for expediting the process, who may pay the penalty and apply to municipal corporation for regularization.
Regards
