Unpaid house tax
Arti Rawat
(Querist) 13 January 2014
This query is : Resolved
Dear Sir/Mam,
My query is if a property is under father's name which is divided under his two sons (namely A & B) as per a duly notarized family settlement. The two sons had made their houses on their part and have been living their since last 14 years. Now as the sons A & B now have some disputes and the House tax is unpaid since very long due to the negligence of B as B is so clever & want A to pay the whole pending amount by his tricks. On being fed up, A wants to get his part register in his name but the problem is B is not cooperating and is it possible that A can get his portion register on paying the house tax of his part only?
ajay sethi
(Expert) 13 January 2014
pay the outstanding dues . then recover from your brother . then on basis of family settlement deed make application for separate registration . if both brothers dont pay outstanding dues it would be recovered by corporation by attachment and sale of property .
ajay sethi
(Expert) 13 January 2014
pay the outstanding dues . then recover from your brother . then on basis of family settlement deed make application for separate registration . if both brothers dont pay outstanding dues it would be recovered by corporation by attachment and sale of property .
Arti Rawat
(Querist) 13 January 2014
Thanks for the reply sir,, but what if the huge amount of unpaid house tax is paid by A and the B deny of it. I mean is there any way that A pay only his part and then register its part only cos B would not be cooperating in any way as he is the owner of other properties as well and it doesnt matter if govt. attach the property and A has the only property.
ajay sethi
(Expert) 13 January 2014
as on date one bill is being raised. you have to take recovery proceedings against your brother if he fails to reimburse you .
Rajendra K Goyal
(Expert) 13 January 2014
contact the local municipal office and get the property bifurcated on the basis of family settlement. Possibly the Municipal authority will co operate and raise separate bill enabling you to pay your portion.
Arti Rawat
(Querist) 13 January 2014
Thank you so much ajay and rajendra sir.... It is helpfull.
Raj Kumar Makkad
(Expert) 13 January 2014
No reason to differ with the detailed advice of Sethi.
R.V.RAO
(Expert) 04 March 2014
as advised by sri sethiji,ask muncipal authorities to bifurcate, property if possible.
but they also like to go by ownership records and also the date from when the properties were separately regd.in both the names.
but it appears the family settlement deed is not regd. in sro office,in which case,muncipality will ask you to go to sro office and ,register the family settlement deed.
but then again exp. of regn.fees on settlement deed at sro office is to be paid.if you are prepared for that also,you need to bring the other party to sro..
if sro registers old family settl. deed from old date fine .otherwise you have an issue again.
if you find all this a hassle,pay total tax under dispute and recover later through court or
by involving some local elderly mediators (for counselling) who are mutualy acceptavble to both of you.
