(1) Whenever the Record of Rights of any person, primarily liable to the payment of property tax is transferred, and the person to whom the same is transferred shall remit the amount as prescribed and the same shall be instantly transferred in the name of Transferee in the Property Tax record of the Municipality as per the rules prescribed.
(2) Whenever the transfer is affected through succession, court decree or any other reason, the person, whose title is transferred and the person to whom the title is transferred, shall give notice of such transfer to the Commissioner and in such cases, the Commissioner shall complete the transfer of property in the time limit as prescribed in Schedule III of this Act. For alteration of entries relating to Record of Rights in succession cases, no fee is required to be collected.
1[(a) at the time of transfer of property by way of sale, gift, mortgage, partition or exchange or succession under a registered document, the Sub-Registrar shall take no due certificate or upto date payment receipts of Property Tax, Water Charges and Electricity Charges and take up registration;
(b) on registration, Sub-Registrar shall provide the mutation certificate to transferee through online mode in Dharani Portal;
Change of entries of Record of Rights in Municipal records.
1. Added by Act No.8 of 2020 w.e.f.29.10.2020.
88 [Act No. 11 of 2019] Constitution of Telangana State Property Tax Board.
(c) Sub-Registrar is authorized to allot PTIN and VLTN whenever un-assessed property is transferred and transfer of PTIN and VLTN whenever assessed property is transferred;
(d) Sub-Registrar shall effect the Mutation by way of sale, gift, mortgage, partition or exchange or succession under a registered document duly collecting the mutation fee as prescribed.
Explanation: For the purposes of this section “Dharani” means the digital platform created and maintained for the purposes of Record of Rights.]
(3) The Commissioner may, by notice, direct the transferee or the person to whom the Record of Rights passes, to produce before him, all documents evidencing the transfer and the person shall produce the same.
(4) Every person, who makes a transfer without giving notice to the Commissioner, shall, in addition to any other liability which he incurs through such neglect, continue to be liable for the payment of property tax on the premises transferred, until he gives notice or until the transfer is recorded in the municipal registers, but nothing in this section shall be held to affect -
(a) the liability of the transferee for the payment of the said tax; or
(b) any claim of the Municipality under the provisions of this Act.
105. The Government shall constitute Telangana State Property Tax Board to provide assistance and technical guidance to all Municipalities in the State for proper assessment of property tax on buildings and lands in their [Act No. 11 of 2019] 89 respective jurisdictions. The Constitution of the Board and its functions, powers shall be as prescribed by the Government.
105-A. The duty on transfers of property shall be levied,-
(a) in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899, for the time being in the State, on every instrument of the descriptions specified below, in respect of the whole or part of the immovable property, as the case may be, situated within the limits of a municipality;
and Method of assessment of duty on transfer of property.
Central Act 2 of 1899.
(b) at such rate as may be fixed by the Government, not exceeding five per centum on the amount specified below against such instrument:
as set forth in the SI.
No.
Description of instrument Amount on which duty shall be levied
(1) (2) (3)
(i) Sale of immovable property The amount or value of the consideration for the sale,
(ii) Exchange of immovable property Gift of immovable property instrument or the market value of the property which is the subject matter of the sale whichever is higher The market value of the property of greater value, which is the subject matter of exchange The market value of the property which is the subject matter of the gift 90 [Act No. 11 of 2019]
(iv) Mortgage with possession of immovable property The amount secured by the mortgage, as set forth in the instrument (V) Lease for a term exceeding one hundred years or in perpetuity of immovable property An amount equal to onesixth of the whole amount or value of the rents which would be paid or delivered in respect of the first fifty years of the lease as set forth in the instrument Provisions of the Indian Stamps Act, 1899, applicable on the introduction of duty on transfers of property.
Central Act 2 of 1899.
Power to make rules regarding assessment and collection of duty on transfer of property.
Definition of Municipal Fund.
105-B. On the introduction of the duty on transfers of property—
(a) section 27 of the Indian Stamp Act, 1899 shall be read as if it specifically requires the particulars to be set forth separately in respect of property situated within the limits of a municipality and outside such limits;
(b) section 64 of the same Act shall be read as if it referred to the Municipal Council and Municipal Corporation concerned as well as the Government.
105-C. The Government may make rules not inconsistent with this Act for regulating the collection of the duty on transfer of property, the payment thereof to the Municipal Councils and Municipal Corporations concerned and the deduction of any expenses incurred by the Government in the collection thereof.
FINANCE