Ground rent

Subhash (Querist) 29 July 2013 This query is : Resolved
Hi

Recently BMC(Mumbai Muncipal Corporation as asked a sum of Rs 7 lakh from the landords(Being the amount for arrears of lease rent, the buiiding was transferred from trust to the present landord.)The landlords has passed the amount to the tenants saying the BMC is asking for ground rent of so much amount from him.
My Query is even if BMC is asking the ground rent from the landlord whether the tenants are liable for the same to the Landlord.

Whether we tenants should pay the amount to the landlord.

Is there anywhere written that ground rent is to be paid by the tenants.

Pls advice.

Thanking the expert in advance
CA Subhash Gupta

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Advocate Ravinder (Expert) 29 July 2013
Tenant is not liable to pay any arrears of Municipal. But if there is a clause that the tenant should pay the arrears, then the tenant is liable, otherwise tenant is not liable.

Raj Kumar Makkad (Expert) 30 July 2013
landlord is liable for all municipal taxes unless otherwise prescribed,

Guest (Expert) 30 July 2013
Unless there is any mutual understanding or prescribed in the terms of agreement between the property owner and the tenants, the liability rests with the property owner only. The tenants are liable to pay only the rent settled with the property owner.

prabhakar singh (Expert) 30 July 2013
To decide such issues first requirement is to look into the agreement between parties,i.e.,land lord and tenant.

If the agreement is silent then we need to enquire if there is any statute providing therefor.?

If booth are absent then to payoff municipal taxes would be burden of Landlord.

What section 7 UP Rent Control Act of 1972 provides that in absence of any contract in writing to the contrary,all taxes and water and electricity bill shall be payable by tenant.

Similarly one needs to look into the rent agreement and Maharashtra Rent Control Act
to resolve this issue.

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