ILLEGAL EXTRACTION OF ALMOST RS. 3600/- CRORES FROM DELHI PEOPLE BY SHEILA DIXIT GOVT

Kindly go through the article carefully and assure you by the end you will clearly understand what I mean. Relevant questions are welcome. Here we go.........


On 24th Sep/2001, law about registration of properties got changed. Registration of AGREEMENT TO SELL was made mandatory. And stamp duty on this registration was fixed almost equivalent to the SALE DEED.


Now see, what Sheila Government did, it issued a mandate,"GPA can be registered only along-with agreement to sale except in case of blood relation. Duty equivalent to registration of sale deed needs to be paid in case of GPA o
ther than blood relations."


Do you understand, what was the impact of this mandate?


GPA is General Power of Attorney, by which someone authorizes someone else on one's behalf for certain jobs.


Now people of Delhi, whosoever wanted to get GPA registered had to compulsorily register an Agreement to sell also and had to pay stamp duty to the Govt equivalent to sale deed. 


Two fold injustice. 


First, everyone who was appointing someone as his/her attorney not necessarily was 
agreeing to sell his/her property to that attorney also. But Govt forced the people to do that. Second, Govt extracted stamp duty from these people for this agreement and that too almost equivalent to the sale deed.


But on 11 October, 2011, in a judgment, namely Suraj Lamp & Industries (P) ... vs State Of Haryana & Anr., Supreme Court said," A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. 
The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him (see section 1A and section 2 of the Powers of Attorney Act, 1882). It is revocable or terminable at any time unless it is made irrevocable in a manner known to law. Even an irrevocable attorney does not have the effect of transferring title to the grantee." 


It also said," By reason of a deed of power of attorney, an agent is formally appointed to act for the principal in one transaction or a series of transactions or to manage the affairs of the principal generally conferring necessary authority upon another person. A deed of power of attorney is executed by the principal in favour of the agent. The agent derives a right to use his name and all acts, deeds and things done by him and subject to the limitations contained in the said deed, the same shall be read as if done by the donor. A power of attorney is, as is well known, a document of convenience."
It also said " A SA/GPA/WILL transaction does not convey any title nor create any interest in an immovable property." 


It also said,"We make it clear that our observations are not intended to in any way affect the validity of sale agreements and powers of attorney executed in genuine transactions. For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance. A person may enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings and in that behalf execute an agreement of sale and grant a Power of Attorney empowering the developer to execute agreements of sale or conveyances in regard to individual plots of land or undivided shares in the land relating to apartments in favour of prospective purchasers. In several States, the execution of such development agreements and powers of attorney are already regulated by law and subjected to specific stamp duty. Our observations regarding `SA/GPA/WILL transactions' are not intended to apply to such bonafide/genuine transactions."


Now do you know what happened next? Delhi Govt got bamboozled. Instead of understanding the exact, appropriate meaning of this judgment, it stopped registration of all kind of "power of Attorneys". Such was the idiocy of Sheila Govt that it could not understand simple words of the Supreme court, it could not understand that the Court was not asking for an altogether ban on the registration of Power of Attorney, but it wanna stop the GPA SALES.


Later-on  in an order dated 30.04.2013, namely W.P.(C) 4585/2012 and CM No. 9515/2012/ PACE DEVELOPERS AND PROMOTERS PVT LTD versus GOVT. OF NCT THROUGH ITS SECRETARY AND ORS, Delhi High Court said, "Quite clearly, the Supreme Court has not said that in no case a conveyance can be registered by taking recourse to a GPA. As long as the transaction is genuine, the same will have to be registered by the Sub-Registrar." 


Now the brain of the Sheila Govt got enlightened and it re-started registration of "power of attorneys" and this time not clubbed with compulsory registration of "AGREEMENT TO SELL" and this time no illegal extraction of stamp duty on this compulsory registration of "AGREEMENT TO SELL".


Now the MILLION DOLLAR QUESTION, and believe me it is a MILLION DOLLAR QUESTION literally, if after the orders of Supreme Court and High Court, Sheila Govt had to remove mandatory registration of "AGREEMENT TO SELL" with the registration of GPA, then does not it mean that the money extracted by these registration was illegal?


Just calculate this money roughly. If almost 200 properties were registered daily and if average property was shown worthy of Rs.Five lakhs only, the stamp duty taken averagely @ 5%, it will become Rs. fifty lakhs daily, now for one years, it will become 180 crores per annum and for ten years it will become almost 1800 crores. This is a loot of almost 1800 crores by Sheila Govt.


Now the question, who is gonna pay back this amount? Who is gonna pay back the INTEREST on this amount, if you will consider it like a recurring deposit, the amount will be almost double i.e.Rs.3600 crores in aggregate, principle amount and the interest. ALL LOOSE ROUGH FIGURES, A GUESS WORK.

WILL THE PEOPLE OF DELHI BE PAID BACK EVER?

WILL SHEILA DIXIT AND THE OTHER PEOPLE RESPONSIBLE FOR ALL THIS BE PUNISHED EVER?

I DOUBT.

Okay, let us now see the another aspect of this issue also. Why all this humbug happened? 
Most of the properties of Delhi are not enjoying freehold title. And a property which is not not freehold, can not be sold at all and when it can not be sold, no question of its sale deed arises. But people were selling and buying. And Govt knew this and Govt was getting almost nil revenue. Instead of making some arrangements for giving freehold title to the J J Colonies and the so called unauthorized colonies, Delhi Govt sought an easy way-out, a way-out to get the revenue only.



People had no choice, there properties were not freehold, they had to sell, they had to buy, so they had to succumb to the illegal tactics of Sheila Govt, they the had to pay stamp duty on Power of attorney clubbed with agreement to sell.People paid stamp duty on the sale purchase of their properties as if their properties were freehold, as if their properties were enjoying clear title, as if they could get loans on their properties, as if they could feel their ownership over these properties, as if their properties were authorized and they could enjoy all the benefits of an authorized colony but in fact they paid the stamp duty only and got almost nothing in back from the Govt. 


Still many of Delhi properties are stuck and succumbing even to the worse tactics. These properties are not freehold, in fact Govt is not authorizing these colonies, Govt is not giving them freehold title, Govt is not registering their sale deeds so they are doing transactions on such papers, which are not even admissible in the Court of Law. The deals are being done on Good faith only, which can turn bad any time. A worse condition, courtesy Sheila Dixit. What a Governance!


And do not think that I am here to oppose Sheila Dixit, I am here to oppose the mis-governance. I am here to oppose the follies of our Politicians. Have U seen any political leader, belonging to any party bringing out this issue? I doubt even if they understand all this.
Okay, I am always at your service, your friendly neighbourhood,

Tushar / 9818018725


COPY RIGHT MATTER
STEALING IS AN OFFENCE
RELEVANT LINKS ARE GIVEN FOR THE SAKE OF REFERENCE.


http://www.delhi.gov.in/wps/wcm/connect/doit_southwest/South+West+District/Home/Services/Property+Registration
http://delhi.gov.in/wps/wcm/connect/doit_rcs/RCS/Home/Acts+and+Rules/Directives+and+Circulars+or+Notifications+2002/Circular+Regarding+Stamp+Duty+on+Agreement
http://indiankanoon.org/doc/1565619/
http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=87300&yr=2013