• Property tax liability

I bought commercial property from builder of 300 sq feet the property tax has not been paid by him to BMC of the period before registration..Now it is showing overdue in bmc records who is legally responsible to pay and what action can bmc take If subsequent payment are made by me and previous payment are not made by builders
Asked 3 years ago in Property Law
Religion: Hindu

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14 Answers

1) it is responsibility of builder to pay property tax for period prior to your purchase of the property

2)BMC can recover the property tax from you by seeking to attach your property

3) you can make payment and sue the builder to recover amount paid by you

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

Kindly pay the tax otherwise there will be penalty on it and there can be attachment of property.

Than issue a legal notice to buyer asking him to pay the amount that he was liable to pay.

If he denies kindly file a recovery suit for the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
148 Consultations

5.0 on 5.0

The purchaser of any property is liable to pay tax only for the period from when he becomes it sowner.

For any appears for the period when the property was not sold the present owner, he is not liable to pay such amount

So if now to avoid dispute ahs to clear the old arrears you can claim the same from the developer by sending a legal notice and of he refuses to pay the same you can file case before the consumer forum wherein you would be allowed with the reimbursement of the arrears amount along with adwquate damages and compensation.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

The property tax is the liability of the owners any outstanding from the previous ownership gets automatically transferred to new owner property and he is liable to pay outstanding amount so you need to pay the outstanding amount as per BMC

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

Builder is responsible to pay but he doesn't pay the burden come over u. They can foreclose or sale out ur portion for recovery

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

1) For previous record you may file a case in consumer forum and take compensation against him for your difference amount. Make the party BMC as well in this case, so your problem will be more easier.

Ganesh Kadam
Advocate, Pune
12202 Answers
154 Consultations

4.9 on 5.0

You will have to pay the all dues as it is the responsibility before buying any property to inquire a bit about it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Bmc will issue notice to the owner. You can inform BMC about the said issue. You are not liable to pay the same.

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

Dear Client,

Property tax is payable by the person who at the time of tax due was owner.

In sale deed also, it must have mention that the property is clear from any encumbrance/tax etc.

Well, for due payment, BMC, will proceed against the property, so to decline such act of BMC pay the tax and revocer from the builder.

Or ask builder to pay the tax.

Yogendra Singh Rajawat
Advocate, Jaipur
21442 Answers
31 Consultations

4.4 on 5.0

It is now your responsibility to pay these dues to the BMC.

At the time of purchasing this property you must have taken out the encumbrance certificate to find out this fact which now surprises you.

Having said the above, you are free to recover this amount from the builder.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
215 Consultations

5.0 on 5.0

There should be a confirmation in the registered sale deed itself stating that the vendor has paid all the taxes prior to the execution of this sale deed.

Therefore it becomes the duty of the vendor to clare all the taxes prior to your purchase, if he has not paid then you may have to pay the same to the authorities and then recover the same from the builder.

The BMC authorities will claim the same from the current owner only.

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

Hello,

Send a legal notice to the builder to clear the outstanding dues

the bmc will send notice to you only for clearing the dues since you are presently the owner of the land and it was your duty to get a title report of the same before purchasing the same. the principle in law is known as caveat emptor

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
338 Consultations

5.0 on 5.0

Now since you are the owner of the property its your duty to clear the dues you can ask the builder pay the due but I don't thing he will oblige your request easly

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

1. File Grievance Petition, against the builder, supported by relevant documentary evidences, in the local Consumer Court /Forum, for sure success, which would include damages and compensation, etc....

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

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