Govt. issues guidelines for transaction of non-agricultural properties on Dharani

HC stay order in the matter set to expire on Dec. 8

December 06, 2020 11:19 pm | Updated 11:19 pm IST - HYDERABAD

The government on Sunday issued a series of guidelines for registration and mutation of non-agricultural properties in the State through Dharani portal even as a stay order of the High Court in the matter is set to expire on December 8.

The government released the Telangana Municipalities (Mutation of Property through Dharani Portal) Rules, 2020, applicable in all municipalities/municipal corporations except Greater Hyderabad Municipal Corporation (GHMC). The Record of Rights in respect of non-agricultural properties in the jurisdiction of all municipalities and municipal corporations (except GHMC) in the State should be prepared and maintained digitally in Dharani portal.

The Record of Rights should accordingly contain the name of the owner as per the property register maintained by the municipalities/municipal corporations and the names of family members having right of succession of the said property. The document should also contain the details of the location, type, usage and extent of the property in addition to any such information pertaining to the owners as required to confirm the identity of the owners and their family members.

Persons intending to transfer or obtain an interest in the property by way of sale, gift, mortgage or exchange of non-agricultural property should make an application after duly obtaining the ‘No Dues’ certificate from the respective municipality/municipal corporation and the power distribution company. The application should be made through Dharani portal to the sub-registrar concerned for allotting available date and time to present the document as per the convenience of the interested persons.

The sub-registrar on his part should allot the date and time and intimate to the person besides maintaining these particulars in the register in a specified format prescribed for the purpose. On the day of registration of the document, the sub-registrar should register the document and carry out the consequent amendment to the relevant entries in the record of rights instantly duly collecting mutation charges as prescribed.

The change should involve deletion of the property covered by the document from the account of the transferor and adding the same to the account of the transferee if it involves sale, gift and exchange. In respect of mortgage, the charge created should be recorded in Dharani and the extract of the changes to the Record of Rights should be appended to and made part and parcel of the registered document.

The government directed that every municipality/municipal corporation should port to the Dharani portal all the details of the non-agricultural properties in its possession as a one-time measure to populate the Dharani portal in the format prescribed for the purpose. The municipalities/municipal corporations should also port to Dharani all instances of issue of building certificates, occupancy certificates and approval of plots or layouts under their jurisdiction into the portal.

The guidelines would, however, be not applicable to non-agricultural properties belonging to the State or Central governments or those under their control. Since obtaining no dues certificate had been made mandatory for effecting changes in the record of rights, the government said the certificate would be deemed to have been issued if the municipality/municipal corporation or the power distribution company did not respond in writing to the applicant within four working days from the day of application.

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