Coop housing society

Querist : Anonymous (Querist) 17 April 2022 This query is : Resolved

BMC has shown property tax pending for the years 1995-96 for Rs.72000/-. The penalty levied on this is Rs.500000/-. We have received notice that if not paid our water connection will be disconnected. If paid BMC is asking for records. In our opinion, we have paid but are unable to prove it as the bank says they cannot get the record for 95-96, and also in our office, we are not able to find the same as many committees have changed. BMC also says right from 95-96 the property tax of 72K was showing pending in their property tax notice and therefore they cannot ignore it.

Now the unique problem.

The secretary of that time is not able to clarify as the audit report was neither on letterhead nor stamped or signed by the auditor but on plain paper signed by Secretary, Chairman, and Treasurer. This did not come to anyone's notice. The Chairman and Treasurer are no more passed away long back only the Secretary is available. But now she has sold her flat and requesting NOC to complete the deal as the purchaser has taken the bank loan and the bank demanding the same. Is it in order to issue NOC since the matter is 27 years old? How to solve this problem.

Should we take indemnity before issuing the NOC and if so do we have to take it both from
Seller and Purchaser to save ourselves from future problems. What happens if the seller refuses to adhere to the indemnity then what.......

PLEASE ADVISE

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Quick Summary

A co-operative housing society is facing a significant property tax demand from the BMC, dating back to 1995-96, with a hefty penalty. They are unable to provide proof of payment as bank records are unavailable and office documents are lost. Adding to the complexity, the audit report from that era lacks proper authentication. Now, the former secretary, who is the only living signatory, needs an NOC to sell her flat, but the society is hesitant due to the unresolved tax issue. The society is seeking advice on whether to issue the NOC, the necessity of indemnity bonds from both seller and purchaser, and how to proceed if the seller refuses.

kavksatyanarayana (Expert) 18 April 2022
Your query is not clear to me. Are you asking about the property tax or NOC and for which purpose?

Dr J C Vashista (Expert) 19 April 2022
Vague and incomplete facts can not lead to form proper opinion and oblige.

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