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Vipul   04 October 2017

Previous owner not clearing MCD dues

Hi, I have bought a flat in Delhi. During mutation I found that there were pending MCD dues to the tune of 1 lakh under RV system prior to 2004. Previous owner told me that he cleared all dues in 2009 and shared MCD receipt copy with me. However now previous owner is not cooperating and MCD is allowing unless dues are cleared. Please advise how can I force owner to settle matter with MCD.


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 6 Replies

Kumar Doab (FIN)     04 October 2017

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT etc matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Kumar Doab (FIN)     04 October 2017

Look into agreement to sell/sale deed and IT’s clauses about liability of dues if any, in it.

The copies of receipt provided by owner may be submitted to MC.

MC might have informed you if the receipts are genuine or fake.

If despite payment of dues whose receipts are given by seller, some dues are pending, ask the seller to pay.

 

If the previous owner has duly paid the dues and receipts are genuine then previous owner has NO liability.

Request the previous owner to visit the MC with you and resolve the matter.

If required involve respectable, renowned persons from both sides.

Preferably, Resolve the matter amicably.

Kumar Doab (FIN)     04 October 2017

Or get the written intimation on dues and declinature to update mutations in writing even if thru RTI, from MC, and confront the seller. Or pay the dues and issue notice to previous owner.

Siddharth Srivastava (Advocate)     04 October 2017

You must have to carry due diligence before purchasing the flat which you did not carried for the reasons best known to you. You can pay the due amount and can recover the amount from the previous owner but if there is a clause in sale deed that the liability Of previous dues shall be paid by previous owner.

Kumar Doab (FIN)     04 October 2017

The dues that are previous and declared as paid to sller before sale should be paid by seller..................without an iota of doubt...................until or unless it is narrated in agreement to sell/sale deed that the buyer has agreed to pay off all dues.............

 

In your case the seller has given yo copy of reciepts that according to you are just piece of paper.

So you need to verify as already discussed.

 

Kumar Doab (FIN)     04 October 2017

In future avoid signing on anything and paying anything until or unlees proepr legal opinion is obtained and your counsel has cleared everything to you.


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