Will paying property tax make a co-owner as the solemn owner
I request your counsel over the following, I shall present my query as a case,
Consider two brothers who own a building, in a metropolitan city, on a 50-50 basis. The building yields a rental income which is also accordingly shared between the brothers, 50-50.
Let the brothers be X and Y.
The Property and Water tax as well as the Water Charges have been paid through the account of X (Although X and Y personally share the payable tax, for convenience the tax has been paid from X's bank account). And it has been so for 8 eight years straight.
Will this affect the ownership rights of Y over the property?
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Asked 3 years ago in Property Law from Chennai, Tamil Nadu
1) no it wont affect ownership rights of Y over property .
2)if as per sale deed both brothers are co owners of building then by mere payment of water charges , property tax by one brother does not confer upon him absolute owner ship of the building
1. if in sale deed the names of both brothers are stated as co-owners of property then payment of property tax and water tax by X does not effect the ownership rights of Y over said property.
2. better legal advice can only be given on reading sale deed.
3.show said sale deed to local lawyer also.
Advocate, New Delhi
By paying property tax, water bills etc. ownership does not get change. Ownership is to be decided on the basis of sale deed.
Advocate, New Delhi
You are silent about the nature of co-ownership of the brothers. It may be out of inheritance or co-ownership or on partition deed.
In any case if titile of X and Y is clearly divided on half share on some valid document then neither of them shall have to worry even if property tax or water tax bill is changed.
1. How did the two brothers get joint ownership of the property? Joint ownership may flow out of title deed, partition deed or family settlement. Joint ownership if given by a family settlement or deed of partition may be subjected to some riders.
2. If joint ownership is without any riders then the ownership of both of them remains untrammelled regardless of who pays the property tax. Remittance of property tax, electricity charges, water charges, etc by one co-owner does not in any manner oust or curtail the ownership rights of the other co-owner(s).
1. Not at all. Y's title on the property will remain with him till he conveys the same through a Deed to other person,
2. Payment of tax by X will have no bearing on Y's joint title on the said property.
A. Both X and Y have Joint ownership or Co owners of the schedule property. Hence, X and Y have 50% share over the property.
B. Anybody can pay the tax in favor the owner. No one claims the property right by virtue of tax payment, even though the origin of the title has different manner.
Both have joint right over the same both of you can pay tax equally
Merely paying water tax or water charge does not confer title over the property. These taxes may be paid by the tenant and generally it is paying by the tenant so according to this rule every tenant may be treated as owner of that building.
When any transaction is made by one co-owner then it is presumed by law that co-owners are paying that amount because where title is shared then liability is also shared by them.
on documentary evidence both are entittled equally on the property by paying the water tax by one person doesn't differ the property right.