I am seeking legal advice regarding a property tax issue with the Thane Municipal Corporation (TMC). Recently, my flat was sealed by TMC due to pending property taxes. However, no show cause notice or prior communication was issued to me before this action. The seal notice merely states the pending tax amount, with no contact details of the concerned officer or department provided.
Additionally, the unpaid tax liability appears to have originated from the previous owner of the property, as they did not clear their dues before the sale. As the new owner, I am now being held responsible for these pending taxes, which I believe is unfair and without due process.
I would appreciate your guidance on:
1. The legality of TMC sealing the property without issuing a show cause notice.
2. The responsibility for unpaid taxes in cases of property transfer.
Certainly! Here's a detailed response, keeping in mind the legal nuances and your rights:
1. Legality of TMC Sealing the Property Without Issuing a Show Cause Notice Under Indian law, any action taken by a municipal corporation, such as sealing a property, must follow due process. This includes issuing a show cause notice to the property owner, providing them an opportunity to respond. The action taken by the Thane Municipal Corporation (TMC) without issuing a show cause notice can be challenged as it violates the principles of natural justice. You can file a writ petition in the High Court under Article 226 of the Constitution of India, seeking relief against the arbitrary action of TMC.
2. Responsibility for Unpaid Taxes in Cases of Property Transfer As per the Transfer of Property Act, 1882, the seller is responsible for clearing all dues, including property taxes, before transferring the property. However, if the seller fails to do so, the liability may fall on the new owner. In your case, since the unpaid taxes originated from the previous owner, you can seek legal recourse against the seller for non-disclosure of pending dues. You can file a suit for recovery of the amount paid towards the outstanding taxes.
3. Possible Legal Remedies to Address This Issue Here are some legal remedies you can consider:
-**File a Complaint with TMC**: Submit a formal complaint to TMC, requesting them to provide a detailed account of the outstanding dues and the basis for sealing your property without prior notice.
- **Legal Notice to Seller**: Send a legal notice to the previous owner demanding the payment of the outstanding property taxes. If they fail to respond, you can file a suit for recovery of the amount.
- **Writ Petition**: File a writ petition in the High Court challenging the TMC's action of sealing your property without following due process. The court can direct TMC to unseal your property and provide you with an opportunity to clear the dues.
- **Mediation or Arbitration**: Consider mediation or arbitration to resolve the dispute with the previous owner regarding the unpaid taxes.
Additional Steps
- **RTI Application**: File a Right to Information (RTI) application with TMC to obtain all relevant documents and communications related to the sealing of your property.
- **Consult a local Legal Expert**: It is advisable to consult a legal expert who specializes in property law to guide you through the process and represent you in court if necessary.
I hope this helps! If you need further assistance, consulting a legal expert would be a prudent step to ensure your rights are protected.
: for a better understanding of the situation that you are in i suggest you should read this case study ...
[Kalpataru Properties (Thane) Pvt. Ltd. vs Thane Municipal Corporation] : : : :
It appears that the TMC has already issued notice to the previous owner who did not bother about paying the property tax besides he has suppressed the information from you at the time of selling the property to you.
Therefore there is no illegality on the part of the TMC.
Now you have no option than to pay the arrears of tax along with the current tax and get the seal removed after that you can recover the arrears of tax from the previous owner legally or otherwise.
Prima facie the story is incomplete or the author is not aware about show cause notice issued by TMC, which might be concealed by vendor. The MC shall not take such coercive action (sealing of a building without following due process of law as stated by you) you should find out the fact from seller of property before proceeding.
issue regarding my property being sealed by the Thane Municipal Corporation (TMC) has been resolved. I have cleared the pending property tax dues in full.
During a discussion with the concerned Corporation Officer, she explained her position, mentioning that she is required to meet specific targets for property tax collection. I also took the opportunity to explain the reasons for the delay in payment, ensuring clarity on my part. She assured me that such an issue would not recur in the future.
Thank you for giving us the feedback, henceforth do not seek legal advise in haste while the issues are able to be solved through your own sources without the advise of any legal expert here or outside.
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