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Kishan Singh   02 August 2020

REGARDING MUTATION

if any person living in Delhi wish to get his property mutated in his name from Municipal corporation, in that case he should cleared all pending dues regarding the property in question? if he not to do so? in that case his property is mutated or not ?


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 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     02 August 2020

Hello,

Yes corporation may impose such condition to clear all the previous dues before effecting new mutation entry.

SHIRISH PAWAR, 7738990900 (Advocate)     02 August 2020

You can contact expert Omprakash to take legal action against corporation. He will teach them how to generate / recover revenue.  

G.L.N. Prasad (Retired employee.)     03 August 2020

It is mandatory as per some Municipality/Corporation rules that if there are arrears of revenue, a mutation can not be made.  In several Bank auctions, the same problems are being faced.  The auction purchaser while applying for mutation has to cough up for all tax arrears whereas the bank and the previous owner (borrower) are free to evade.  Mutation is not being permitted without clearing the arrears with interest also.

P. Venu (Advocate)     03 August 2020

May be the procedure is a rule of convenience.But anyhow, the unpaid taxes are a first charge on the property. So, it is a matter of convenience that the dues are cleared at the earliest opportunity.

G.L.N. Prasad (Retired employee.)     03 August 2020

Clearing pending electricity bills by the previous owner is the duty of the new auction purchaser -as the purchase is as is where the basis is the  SC Judgment, also confirms the stand of the corporation in collecting the arrears before mutation. Most of the sale deeds contain such clauses on house tax also reminding that reasonable inquiries should be made on the pendency of Govt.dues by the purchaser.

Dr J C Vashista (Advocate)     03 August 2020

You will have to pay all the property tax clearance (no dues) certificate which is mandatory for mutation in either of the 3 MCDs

G.L.N. Prasad (Retired employee.)     04 August 2020

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1815 OF 2020 (Arising out of Special Leave Petition (C) No.19292/2018) TELANGANA STATE SOUTHERN POWER DISTRIBUTION COMPANY LIMITED & ANR. … Appellants Versus M/S. SRIGDHAA BEVERAGES …Respondent J U D G M E N T SANJAY KISHAN KAUL, J. 1. The respondent is an auction-purchaser of a unit owned by M/s. SB Beverages Private Limited, which failed .....


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