You have to file writ in HC against demand of Rs 2.54 lakhs as transfer charges
2) legal fees vary depending upon the lawyer engaged by you
Authority to charge transfer charges by Noida Authority
MANU/SC/0186/2005 SC Civil Appeal No 5631 and 6121 of 2000 and 412 of 2001 Refer Case Note. Levy of Fee for Mutation Proceedings. Validity: Since whatever be the cause of Mutation, activity of Mutation remained same and expenses incurred also remained same. Hence no validity in charging different rates depending value of property and cause of transfer.....Quantum of fee being disproportionate to “services” was one more circumstance showing arbitrariness. Impugned levy of Mutation Fee, held arbitrary, irrational and discriminatory and beyond Secttion 183(5) and in nature of Tax. Noida Authority charges Transfer Tax (no clause on Mutation). Has demanded Rs 254500/- for as Transfer Charges for inherited property 93, Rail Vihar, Sector-30, Noida for Registering name of Daughter/Sister in Flat Registered in name of Mother and Brother after she relinquished in their favour due to mental pressure applied for urgent Registration. Noida Authy calculation not revealed. Understood same to be based on Area xTransfer Rate x Blood Relation Factor ie 80x6337.5x0.5=253500/- plus Processing Fee of Rs 1000/-. My understanding: Charges are not Legal. Please confirm, if SC verdict is applicable on Noida Authority. If not, why not. How can the SC Directive be enforced on Noida Authority. Is PIL at HC an option? Appx Expenditure? Can payment of Transfer Charges be made now through RTGS, transfer effected and cost recovered later through case at Civil Court Noida? The Flat was purchase by her Dad in 1994. He passed away in year 2008. Flat Registered in 2011 after SC decision in favour of Noida Authority, in the names of Mother and Brother. Mother passed away in 2016 and single Brother in 2018. Civil Judge (Senior Division), Gautam Budhnagar vide Appeal 13/2019 declared Mrs Anita Sarkar as inheritor and owner on 12.04.2019. (Declaration Suit). Refer https://www.casemine.com/judgement/in5ac5e4184a93261a672dd602 Mutation charges denied to GDA in 2005 by HC Allahabad, appeal dismissed by SC. Charges not prescribed by any Rules framed under Section 55(1) of UP Urban Planning and Development Act 1973, as required under Provisions of Section 4 (33-A) of UP General Clauses Act 1904. Noida Authority formed under UP Industrial Development Act 1976. Para 11.1 lays down maximum charges at 25% of ARV. For the Flat transfer charges could be 50000/- only based on rental value of Rs 13000/ pm. Third Floor flat. 26 yr old. No lift. 865 Sq ft covered area. Please comment.
Asked 5 years ago in Property Law
Religion: Hindu
9 Answers
If there is a different taxes for different circumstances then the classification will have to pass the constitutional yardstick of reasonableness having nexus with the object sought to be achieved.
In your case I don't find any such reasonable classification and hence exaction of taxes is exorbitant and arbitrary.
So it's a. fit case where the court can strike down the provisions as being ultra vires of the constitutional mandate.
Excessive amounts charges against mutation is the forefront precedence of Apex Court order clearly mentioned in the present Civil proceedings Citation.
You may issue legal notice to Noida authority and may question the validity of excessive amounts of mutation charges based on the citation referred by you.
You may ask them for the compliance of S C order.
Whether ownership transfers in revenue record or municipal record, both are mutation. Charging such exorbitant frees is illegal. Such calculation levies (only Area x Transfer Rate) when issuance of municipal patta (lease) and not for replacement of ownership in municipal records. Maximum fees will be 1000rs.
And SC judgement rightly applies on this transfer/mutation. Have to appraoch high court for relief. And non mutation dose not effect your title.
writ petition is maintainable in above case
Quantum of fee beingdisproportionate to “services”
was one more circumstance
showing arbitrariness.
This is a valid ground and the authority cannot charge arbitrarily. They are also not disclosing the formula by which they calculate the amount.
You may file a writ petition before that Allahabad high court.
If you are aggrieved by the exorbitant charges levied by NOIDA and if you feel it is an unfair practice then you can file a writ petition seeking relief or PIL after making the payment now demanded by the authorities concerned.
The authorities will not listen to your request nor they would entertain any legal notice sent by you through your lawyer.
They may not even give due regards to the Allahabad high court decision in this regard.
You discuss with your lawyer and proceed as suggested.
Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do .
Yes the supreme court judgement will be applicable on noida authority and you need to file writ petition in High court against noida authority for explaination and waiver of inappropriate transfer charges.
