Retrospective Property Tax

Dinesh Kandpal (Querist) 06 July 2019 This query is : Resolved
Hello sir, we bought a flat from the builder in 2016, which is a first purchase. The property tax assessment for this flat was done in 2006, but the flat was unsold. Can MC levy retrospective property tax from 2006 to the owner ? In this case Builder has also issued a letter to the owner that property tax upto the date of possession is paid to BMC, which is also submitted with the society. Still society is insisting to pay. Pls guide.

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kavksatyanarayana (Expert) 06 July 2019
Dear ji, if the tax is not being paid till now, then you have to pay the tax from the year 2006. However please obtain information from the Commissioner of MC whether tax is being paid or not through RTI. Then you will get information and proceed.

Dr J C Vashista (Expert) 07 July 2019
Where is the property located?
When was the plot of land purchased/allotted to builder?
How does MC levy property tax?
It would be better to consult a local prudent lawyer with relevant records for proper analyses, guidance and proceeding.
If you are located in Delhi/NCR and feel so, may contact me with records (on appointment) at:
Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075
Cell # +91- 98911-52939 email: majjagdish@yahoo.com or visit: www.vakil-saab.com

P. Venu (Expert) 07 July 2019
The case appears to be that of arrears of the tax, if any, due than imposition of tax with retrospective effect. If there are arrears of tax to be paid, it is the first charge on the property and the present occupant. He has the option to seek the amount from the previous occupant/owner.

Sudhir Kumar, Advocate (Expert) 08 July 2019
the flat is in tazx domain since 2006. all arrears have to be paid till date.

Dinesh Kandpal (Querist) 08 July 2019
This is in Mumbai Andheri and first purchase directly from the builder in 2016. The flat was unsold until 2016. Can society demand pt charges from the owner for previous periods? Pls guide.

Dinesh Kandpal (Querist) 09 July 2019
The society has made their own calculation and builder has also issued a letter to the owner that PT upto possession is paid for, so does the owner still has to worry about paying to Society for the past 10 years ?

Sudhir Kumar, Advocate (Expert) 10 July 2019
property tax is payable to MC and not to Builder/Society.

Hemant Agarwal (Expert) 19 July 2019
1. IF the Builder has paid property tax upto date of sale, THEN take receipt from builder and also obtain account statement from the BMC assessment dept., by filing ordinary application or RTI application.

2. AFTER above, the Society has no jurisdiction to demand any payment from you prior to grant of membership to you. You can simply refuse the society and ask the society to go to court for recovery.

Keep Smiling .... Hemant Agarwal
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