HYDERABAD: The Telangana High Court will take up for hearing a PIL filed by the Bhagyanagar Citizens Welfare Association and another party, seeking suspension of GO No. 84 dated July 26, 2023, allowing regularisation of sale transactions executed through “unregistered documents with attestation of notary” concerning non-agricultural urban properties in the State.
According to the petitioner, the GO in question encompasses properties enlisted as Prohibited Properties under Section 22A of the Registration Act, 1908 and might pave the way for people with unscrupulous motives to gain legitimacy, potentially adversely affecting innocent parties purchasing these lands.
The petitioners said that the relaxed provisions risk compromising the interests of those who lawfully purchased lands as the GO offers complete exemption from stamp duty and penalties for properties constructed within 125 sq yd or less. This also puts a strain on the State’s revenue collection efforts.
“The Transfer of Property Act, 1882, Registration Act, 1908, and the Indian Stamp Act, 1999, as established in Central Legislation, clearly outline that the transfer of immovable property through sale necessitates the execution of a sale deed or deed of conveyance, appropriately stamped and registered within a specific timeframe,” the petitioners said.
The PIL identifies several key respondents, including the chief secretary, the principal secretary of the Revenue (Registration-I) department, the principal secretary of Municipal Administration and Urban Development, and the commissioner and director of Municipal Administration. The matter is scheduled for hearing before the Chief Justice bench within the upcoming days.