• Property tax

I had purchased a flat in april 2011 and mutated in my name in August 2012. Now in 2019 I received a notice to appear for hearing stating that annual revaluation of your flat is revised from 2001 and is increased to 20 times alleging that the said flat was on rent at that time. Whether I will be liable for this as I have taken NOC and also mutated it in my name and myself residing in that flat since April 2011 till date. I had not received any notice from the municipality from 2011 to 2018. I received the notice in May-2019. How will I know that said flat was on rent in 2001 as I have moved in the city in 2007. Why the authority taken almost 20 years to serve the notice.
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

There must be clause in your sale  deed that seller indemnified you in case any claims are made 

 

2) for period 2001-2011 any revision has to be paid by seller 

 

3) contact the seller as to whether said flat was given on rent for period of 10 years prior to sale of flat to you 

Ajay Sethi
Advocate, Mumbai
100073 Answers
8172 Consultations

Govt revenue does not become time barred. 

If any tax is due against  any property the present owner shall be held liable to pay such dues. 

However if the dues pertain to the period of previous owner you can claim it from the concerned previous owner, in default you can file suit in civil court for recovery of the money from the previous owner. 

You can file criminal case if it is prima facie evident that the person knowingly hide the fact of arrear of tax at the time of sale. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You can seek evidence from them through documents to prove the rent factor. Also clarification to seek service of the same so delayed

Prashant Nayak
Advocate, Mumbai
34738 Answers
251 Consultations

File an affidavit of seller that property was never given on rent during period 2001-11 

 

also file detailed reply that after purchase of flat it has it has never been given on rent 

Ajay Sethi
Advocate, Mumbai
100073 Answers
8172 Consultations

As per the Kolkata Municipal Act an assesse gets first opportunity to challenge the assessment before the Hearing Officer and thereafter before the Municipal Assessment Tribunal.

The order passed in MAT can further be assailed before the High Court as well.

So you have ample opportunity to defend your case and place necessary evidences to buttress the claim of tenancy alleged by the KMC. 

Devajyoti Barman
Advocate, Kolkata
23669 Answers
538 Consultations

The previous owner may not be telling the truth. engage a lawyer who shall reply to the notice of payment and find out the details of the property and whether it was on rent and reply appropriately to the municipal council. He can also file an appeal in case of any adverse order.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The owner has to state this on oath or affidavit that it was not on rent. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Such disputes about past Claims can be settled ONLY in a Civil Court, where you can file and obtain Stay order in the matter. Further the authorities may be directed to produce evidence of premises being on rent etc.... and declaring the claim as infructuous under the Limitation Act.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear

You are not liable to pay any dues for mistake of municipality you should go for hearing and give your representation that you have purchased the flat in 2001 and since then you are residing in that flat and flat is not given on rent. 

And you have transferred the record by taking NOC from mutation department and updated the records after NOC.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

need to go through the notice so that proper advice can be made in regards. pl contact local lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Upon receiving the notice, you may consult a local advocate and issue a reply notice denying the liabilities that have been made against you by the authorities concerned.

You can mention all the details of your purchase and claim exemption on the grounds that you cannot be held liable for the past taxes, if at all they may have to levy the same, then they can do it only on the previous owners and not on you. 

You can prefer an appeal before the taxation appellate tribunal against the aggrieved orders, let the tribunal decide on merits.

T Kalaiselvan
Advocate, Vellore
90277 Answers
2510 Consultations

You may even demand the evidences of the property let out on rent in the past in your reply notice.

T Kalaiselvan
Advocate, Vellore
90277 Answers
2510 Consultations

  1. As per the information mentioned in the present query, makes it clear that the Municipal authority can’t take the help of his own fault.
  2. They should have given the notice much prior to the period so lapsed.
  3. There is a limitation period for every claim, no body can wake up after so many years and ask for the money.
  4. You need not to worry about their action, just appear and give reply in legal language to them.
  5. If still creates problem then approach the Hon’ble HC for action against them only.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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