Hyderabad: A public interest litigation has been filed before the Telangana High Court challenging the GO 84 of July 26, 2023 issued by the Chief Secretary of Telangana state, to regularise sale transactions executed by way of “unregistered documents with attestation of the notary” in respect of non-agricultural urban properties which includes properties listed as ‘Prohibited’ under Section 22A of the Registration Act, 1908.
The Baghyanagar Citizens Welfare Association, Hyderabad and one more organization have filed a PIL contending that this relaxation extended by the state government paves way for unscrupulous individuals, who obtained properties through unlawful means and such an act will definitely hit innocent parties, who had purchased lands.
The said GO grants full exemption from stamp duty and penalty on all properties constructed within the area of 125 sq. yards or below, thereby depriving the state exchequer of the required revenue.
The Transfer of Property Act, 1882, Registration Act,1908, and the Indian Stamp Act, 1999, establish that a transfer of immovable property by way of sale can only be made by way of a sale deed or deed of conveyance, which is duly stamped and registered within a period of four plus four months, only from the date of execution. But GO No. 84 has come up with regularising sale transactions executed by way of unregistered documents in sheer violation of the Central Legislations cited.
The Transfer of Property Act, 1882, Registration Act,1908 and the Indian Stamp Act, 1999 are Central Legislations and the GO 84 issued by the Chief Secretary, effectively overrides the provisions of the Central Acts and it exceeds the authority delegated to the State Government. The Chief Secretary does not have the authority to amend or issue directions contrary to the TPA Act, Registration Act and the Indian Stamp Act, 1999 through the GO, contends the petitioners.
