Query regarding property case
m n shah
(Querist) 27 September 2012
This query is : Resolved
I am the holder of the 1 garage out of total 7 garage(6 sold to other people) purchased by my father in the year 1985 from the developer of residential colony where i am staying. Developer has made an agreement on 20Rs. Stamp paper,taken all the amount in cash no receipt is given for that. In agreement it has been mentioned to pay Rs .60 per month as rent.But no rent has been collected by the developer since then & when we asked for payment against rent receipt not received any reply from them. Now after 20 years we had received a notice from mumbai municipality for payments of property Tax in the name of developer. Our developer have not paid any single rupee as property tax in last 20 years.Their partners are also died .Only 2 partners legal heir are their but they do not know any thing about the said dealings also they do not have any documents or titles papers any thing so they refused to pay the dues to Municipality, Now what i have to do ? Can municipality demand tax from all 7 holders to pay ? What is our right?
ajay sethi
(Expert) 27 September 2012
property tax is payable on the garage .if property tax not paid by developer for last 20 years BMC would seek to recover the dues from developer . as per agreement you are liable to pay rent at rs 60 per month it would come to arround Rs 720 per year . for 10 years it would be rs 7200 and for 20 years it would amount to rs 14, 400 .
how much is property tax demanded?
if developer does not pay BMC would seek to attach property . ie garages .
the only issue would be whether demand for property taxes would be barred by limitation .
contact a local lawyer
prabhakar singh
(Expert) 29 September 2012
You and other six should contest the taxation
by BMC if it is not in tune of rent by filing objection and proving rent agreement before BMC. So that tax imposed may get modified and then you 7 pay the tax so that property taxed
may get insulated against any attachment by BMC for recovery of tax imposed.
