Issue legal notice to landlord to pay the property tax
in alternative pay the property tax and sue the landlord to recover amount paid by the tenants
What is the remedy to tenants if BBMP seizes the property for non payment of tax?
The owner have not paid the tax and he has taken big advances from the tenants and the rent is small amount and the tax is big amount. BBMP have seized the property for non payment of tax, what is the remedy for the tenant.
Asked 7 years ago in Civil Law
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8 Answers
Tenant has right on the property tenant can go high court seeking direction against BBMP for his right for residence in property till he finds alternate accommodation.
The tenants are protected by tenancy rights.
The tenant can approach rent control court seeking injunction restraining the BBMP authorities from evicting you forcibly other than by following due process of law.
You can produce the proof of your tenancy before court and also the owner may be impleaded as a necessary party in the case for reliefs prayed for.
Send a legal notice to landlord and demanding pay the tax immediately because as a tenant you are getting loss. If he refused then you should file a civil suit for claiming damages and recovery of money along with interest.
The tenant can claim that amount from the owner
The tenants have right to recover their money from the landlord of the building that is the only option available with them you don't have any option to exercise with the municipal corporation for non payment of taxes which landlord has not paid and building is seized by the municipal corporations.
You can file a money Suit against the owner of the building or you can file cheating and misappropriation case against him in a police complaint or by filing a complaint petition in the criminal court.
Dear Sir,
A tenant may act against the owner by filing a civil suit for recovery of advances paid, after issuing a legal notice to the owner. The BBMP being a public authority has first charge over the property to recover its arrears of taxes. If you are in still in possession then you can get a stay against BBMP not to evict you without adopting proper legal course.
If the property has been seized due to default in payment of tax by the owner then tenant has to inform the authority concerned that they are leaving in the accommodation before the seizure so they may be allowed to leave in and side by side inform the owner in writing all the facts from advances to seizure and ask him to make suitable arrangements for leaving just to see what he says.All the tenants on these grounds can also go to the Civil Courts for stay in their favour.
