Encroachment of migrants’ property: Division Bench
- March 28, 2023
A Division Bench (DB) of State High Court comprising Justice Alok Aradhe and Justice Tashi Rabstan on Saturday granted 4 weeks to Divisional Commissioner Kashmir for filing the fame report in compliance with the order dated August 22, 2017.
The courtroom course got here in a petition filed by All India Kashmiri Samaj and others looking for direction to Divisional Commissioner.
Kashmir to publish a record concerning the stairs taken using the Division District Magistrate Srinagar under Section 4 of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection, and Restraint on Distress Sales) Act, 1997.
The petition also sought directions to Divisional Commissioner Kashmir for appraising this Court about the stairs taken for removal of the encroached property owners of migrants and steps taken underneath Rule 7 of the Jammu and Kashmir Migrant Immovable Property Rules, 1997 for renovation and up-preserve of the belongings after possession thereof. Besides, the petition also sought guidelines in search of the document regarding the identity of the assets of the migrants in the Kashmir Division and a record concerning transfer certificates of alienation of the aforesaid assets.
While looking for the compliance document, the DB discovered, “In the aforesaid reputation report, the Divisional Commissioner Kashmir shall without a doubt country as to whether or not the paintings of identification of the encroachment of the homes of the migrants in Kashmir Division has been undertaken via the respondents. “The repute record shall additionally indicate the steps taken via the respondents beneath Section four of the Jammu and Kashmir Migrant Immovable property owners (Preservation, Protection, and Restraint on Distress Sales) Act, 1997, for protection of the homes of the migrants in Kashmir Division after acquiring ownership thereof”, the courtroom discovered adding that in case the status document isn’t filed with the aid of the following date of listening to, the Court shall be restricted to pass appropriate orders.
NRIs flip interest to industrial property
Non-resident Indians from the US and West Asia are actually diversifying their asset exposure and investing extra into commercial residences in the place of residence due to excessive risk and approaching slowdown inside the phase.
The choice is also being pushed through higher returns from office property owners and hard and fast profits generated by such investments.
“Its return outperforms the ones of traditional FDs (fixed deposits), mutual funds, and Sensex, with a mean rental return of 7-eight% a.
Post-demonetisation, the NRI community is likewise specializing in mid-income and low-priced residential phases and a special desire for the industrial segment.
“We have concluded a fairly appropriate number of transactions among NRI and HNI clients the ultimate year for our commercial portfolio. NRIs are an increasing number of giving the desire to put money into the Indian industrial real estate market as comparative yield incomes are less in global markets like Dubai and London,” stated Bijay Agarwal, MD.
Your closing manual for assets taxes
As part of our series on empowering India’s homebuyer, we apprehend our attorney the fundamentals of belongings taxes.
What’s property tax?
Property tax is levied on the possession of any ‘real property.’ In India, property owners tax is levied on all actual property, including enhancements made to land, inclusive of homes or land attached to buildings.
Usually, vacant plots of land without an adjoining construction are not susceptible to be taxed.
Who assesses the belongings tax?
The neighborhood municipal government verify each property owner’s price and, as a consequence, levy a proportionate tax at the same, which would be payable on an annual or semi-annual basis. The revenue generated from belongings tax is used to keep and offer diverse civic services along with street upkeep, sewer system, lighting fixtures, preservation of common areas consisting of parks, and so forth. The fee of property tax and manner of valuation differs from one municipal authority to the opposite.
Payment of belongings tax
In India, municipal taxes may be paid online by the respective national government or municipal authority websites. This has streamlined the sooner bulky process of the fee of belongings taxes and permits instant, handy, and mobile fees.
The ‘belongings tax number’ or ‘Khatha variety’ is to be furnished to pick out the stated property. Property tax can also be paid offline on the municipal groups’ workplaces or unique banks in partnership with the government. Late charge regularly draws an excellent and interest-based total on the amount due.
The legal responsibility of paying the tax rests on the assets’ owner and not on the occupier. It is critical to be aware that profits payable to the income tax branch underneath the top ‘income from house property’ are distinct and special from the tax charge to the municipal government. (See here for extra on the taxability of Income from House Property).
Calculation of property tax
There are 3 systems for calculating assets tax. Different municipal businesses adopt special structures and assess the tax due accordingly.
A) Annual Rental Value System – This machine bases the quantity of tax payable at the annual ‘rentability’ of assets as fixed via the municipal frame. It does not discuss with actual rent collected at the property but rather uses the capacity of gross annual hire to be anticipated to deliver from being let out. This machine is being accompanied by the municipal agencies of Chennai and Hyderabad. Various factors including the size of the property, vicinity, services to be had, etc. We are looking into it whilst figuring out the annual apartment cost.
B) Capital Value-based totally System – Here, the belongings’ marketplace value is used as the idea on which property tax is levied. The marketplace value of various residences is decided using the authorities and revised annually, based on the ward in which it is located. For example, the Brihanmumbai Municipal Corporation switched to this system and afforded a ‘Ready Reckoner’ to compile fair cost prices of assets throughout the metropolis.
C) Unit Area Value System – This machine fixes the price in step with the unit value of the assets’ constructed-up region or carpet area. Based on this rate, the anticipated returns from the assets are calculated. This machine is in the exercise in lots of municipalities and New Delhi, Bangalore, Kolkata, Hyderabad, Patna, and Ahmedabad.
Some municipal organizations offer certain exemptions from the price of belongings tax based totally on elements inclusive of age (notable senior residents), region (famine-affected areas), net profits of the person, the form of assets, and many others. It is nice to thoroughly test with the nearby administration for such info and assess the property’s cost with the warning.