• Payment of municipal tax vs-a-vs title over the property

I have a 500 sq yards land with shops built in it in 1998. It's northern boundary is "road leading to fort" 122'.0" apart from road on eastern side. It was purchased in 1958. In the document executed it was mentioned the the vendee has got absolute right to have doors on northern side towards road. Around in 1998 an individual got one shed erected on the road margin between building and road. In the year 2011, his wife has demolished the shed and started constructing RCC building. I filed a suite against her as it is constructed without any title over the property and it will cease my movement and ingress and egress on northern side of my property. The court has issued stay orders. The defendants rely upon the municipal tax bills which was raised in the year 1977 by municipality and he is claiming right over the property.He does have any title. The municipality when asked under RTI about the douments considered for asessing municipal tax on defendant, they replied that the records are "ruined" but deposed in the court that the assessment was correct and it is prperty tax. What would be the outcome in this matter?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) Entry in revenue records is only for payment of property tax

2) it does not create or confer title to the property

3) the defendant has to produce documents of tile to show that he is the owner of the land in dispute

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

As mentioned earlier entry in revenue records does not confer title to property

Burden of proof is upon defendant to show that he has title to the property

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Hello,

It is to be noted that entry in revenue records is only for payment of property tax; it dies not create any right or title the burden of prof is upon the defendant to show his title on the property.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

In the absence of proper title documents, their claim for the property though they have been paying municipal taxes cannot be legally valid.

The municipality may not have property title records but the defendant should have the records if they have really purchased the property.

The are the encroachers and illegal squatters on the government property which is going on in connivance of the staff of the local civic body.

There case is not maintainable.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

For mare clarity, the assessment raised by municipality is in the year 1997 and not in 1977

Bit where is the record for the so called assessment or proof of title of the defendants?

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

1. Municipal tax bills do not prove title. Title originates from the sale deed. Municipal entries are for revenue purposes only.

2. Nobody can predict the outcome.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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