See ask your father to file RTI application and can check record before the municipal office how the name of brother is mutated in the records , see there is chance brother may have forged document or father has transferred the property.
Owner of property in property tax - my brother is coming
Hi, There is one plot which used to be on my Father's name. But from 2 yrs, owner of property in property tax - my brother name comes. Has my father transferred plot on my brothers name as only my brother name is coming on 'owner of property' in property tax.My father always refuses.He has not transferred. Also,there is one plot in which owner of property in property in property tax - both mine and brother's name comes on property tax. Can you please tell does owner of property in property tax matters as my Father keeps on saying owner of property name in property tax does not matter.
Asked 4 years ago in Property Law
Religion: Hindu
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15 Answers
Hi
1) It appears that the property tax has been mutated in your brother's name.
2) Mutation in property tax does not mean that your brother is owner of property.
3) Please note under law, transfer of property by way of conveyance/gift/will/mortgage etc has to be compulsorily registered after payment of stamp duty and registration charges at sub-registrar office where the property is located.
4) We suggest you obtain encumbrance certificate from sub -registrar office where the property is situated to check whether any entries of transfer of property from your father's name to your brother's name .
5) If your father's name continues to reflect as the owner in the encumbrance certificate , then you do not need to worry.
6) Also , since 2 years have passed since the untimely demise of your father, it is always better for family members to sit down and decide on succession to the properties and get them transferred to respective owners name by way of registered partition/settlement deed
Hope this information is useful.
Father must have executed gift deed duly stamped and registered to transfer property in brother name then only mutation of property would be done in brother name
2) mutation does not confer title to property. Entry in revenue records is for payment of property taxes
It matters as it proves that mutation is done if mutation is not done then it will show the earlier owners name
Hi, the property tax always comes in the name of the property owner ..Property tax is as per the records available with the registrar and only comes in the name of the property owner ..For further clarification you can check the records with the "patwar Bhavan"
Paying the taxes on property or showing name on property tax does not give ownership rights. visit jurisdictional SRO apply for Encumbrance Certificate.
1. The Property Tax is related to the local Municipal property taxes and is not related to the Title-Owners of the property.
2. The owner of the property MUST move application to rectify the mistake and only the registered owner's name should appear on the Property Tax document /bill /receipt, ELSE it will create legal hurdles in future for purposes of Sale /Transfer /Mortgage /Gift /whatever....
No it's not like that your father must have transferred on your brother's name by way of gift deed or sale deed.
Here you need to check mutations papers from last 4-5 years back and check with municipal corporation that how you father's name got replaced by brother name.
If you want I can provide you details mutation services how property got transferred from your father's name to on brother name.
- The name of owner only reflect on any of property documents. If your brother name is reflecting on any document it means yoir brother is made co-owner of the property.
- If required do meet alongwith document to share further advice as I practice in Gurgaon
Regards
Vivek Arya
Property tax Notice, Property tax Letters shall confirm the owners name for you,
if you still have any doubts, you can have the real owners name through the Jamabandi from tehsil office.
Dear Client,
You should check the registry of the plot whether it has been transferred to any else or not. Your brother's name may be by mistake. You may visit office of the Gurugram Municipal corporation to clear this issue.
- The payment of a property taxes alone is not sufficient for claiming ownership rights.
- If, your father keeps on saying that till date he has not transfered the ownership, it means the property tax is only in your brothers name.
- Further, other property tax is comming in the name of you and your brother . Does it transfer in your name?
- For getting ownership both parties appearance is mandatory , except WILL .
- Better check the details of above said property in the municipal record.
Good luck and dont forget to rating Positively.
If your father has not executed any WILL or gift deed. both of you equally owned property left by yurt father. Transfer in sole name dose not make him absolute owner.
Yes owner name in property tax records matter because they update the records in application by new owner after transfer of ownership.
If your brother name is appearing on property tax records then there are chances that your father have transferred the property to your brother.
If you have any doubt about this transfer of property you may obtain an EC from the sub registrar's office and clarify your doubt about it.
If the property was transferred to your brother's name by a registered document then there will be an entry in the encumbrance certificate, from that you can get the certified registration copy after which you can proceed as per the circumstances.
