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Yogesh Pahuja   07 December 2018

Outstanding Property tax in resale property

Hello Experts,

I have recently purchased a 3 years resale property through a bank loan and I hired a lawyer for this legal transaction.
The project is currently maintained by builder and society is yet to be formed for which work is in progress.
After the transaction, recently property tax receipt was delivered at my home and noticedproperty tax has not been paid since last 3 years.
Now, after the deal, the previous Owner is not responding to clear the outstanding property tax and the lawyer has also sent the legal notice twice but no response from their end.

I think, this was a also a miss from my lawyer side on property tax.Do you agree ?

Please could you advise what can be done now at this stage to get the property tax cleared.


Learning

 8 Replies

G.L.N. Prasad (Retired employee.)     07 December 2018

Mutation is the most essential part after purchasing of the property.  If you have applied for mutation, then Municipality/Corporation must have demanded arrears of tax before affecting mutation.  Though it is difficult to judge the legal opinion tax paid receipts are most essential as the term is DEVIL T.  Document, Encumbrances, Valuation, Insurance, legal opinion, and Tax paid receipts are essential.

Mervyn Vivek   07 December 2018

In whose name the tax receipt is generated?

Yogesh Pahuja   07 December 2018

Tax receipts are in the name of builder and previous owner name.

Mervyn Vivek   07 December 2018

File a petition by narrating the whole facts to the commissioner in your municipality through a local advocate. Consult an able tax lawyer.

Kumar Doab (FIN)     07 December 2018

Generically speaking your counsel should have examined the payment of taxes and advised you on pendency.

While you engaged counsel you might have written with details and your counsel might have provided legal opinion in writing.

Dr J C Vashista (Advocate)     08 December 2018

Pay the property tax and file a suit for recovery from vendor/ previous owner.

Yogesh Pahuja   10 December 2018

Got it and understood. Thank you everyone for sharing your thoughts. Many thanks.

Kumar Doab (FIN)     22 December 2018

You are welcome!   


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