Collector charges

Proprietor

Hello I have purchased a commercial office space in Mumbai suburbs jointly with my wife and the registration has also been done. The issue is as below: 1. The building is new and the society is not yet formed. It's proposed. 2. We purchased the property from the first owner of the property. 3. The first agreement (between the developer and the first owner) mentions that they have to pay collector charges. I did not check this name detail at the time of purchase. 4. The agreement between us and the first owner does not mention any such charges. 5. Now the bank where I had applied for a loan has raised this issue and wants me to pay collector charges and get NOC from collector before they can create a mortgage on the property. 6. Incidentally, the NOC from the builder given to me also mentions that I am liable to pay collector charges. 7. I called up the builder but they maintain that though it is mentioned I need not pay the same. 8. Many banks have granted loans on offices in the same building. 9. The building  has 100s of offices and none of them have paid this. What should I do to break this deadlock? What are the charges and who is liable to pay? What are the implications of not paying this? Please help. Thank you Kind Regards Ashok

 
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ADVOCATE & SOLICITOR firdoshkassam@hotmail.com

Since the property belongs to the Collector, it is necessary to obtain the permission of the Collector to Register the sale. This should have been done by the Builder and the first purchaser.

You can demand from the first owner the amount to be paid to the Collector as he has not done so. It is doubtful now that the first purchaser will pay the same. If you had not applied for the bank then the document would have got Registered without the Collector's permission like the other offices. Once you apply to the bank they will look at all legalities before granting the loan.

 
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Proprietor

Hello Sir Thank you so much for the prompt response. How do I calculate the amount and are their any penalties for failing to do this in the first instance? I am yet to settle the full amount so I may be able pay from it. Please respond at your earliest convenience. Kind Regards
 
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advocate/counsel supreme court

position of yr property - 1, No society under MCS Act,2.u purchased from first owner ( may be before he handed over to the developer) 3.the building is per development regulations; 4. all develping or developed properties are bound to pay in that location (locus) collector charges; if not paid collector would levey exorbitant fines if delay is too much, obvously not prdonable (as it is states revenue). 5.Bank is prudent in asking you to pay collector's NOC (else if you don't pat his charges, your property would  get attached by cllector , so bank is to face jeopardy on the mortagage; 6.all other things not tenable ; better pay collector charges and get NOC to keep yr roperty free from collector's attachment sir. tks.

 
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Proprietor

Hello Sir, thank you. The registration was done in the last week of March, 2017. Is this considered a major delay? Are these charges(collector) to be paid every time the property changes hands or is this a one time payment? If one time, isn't the previous owner liable especially when thier agreement mentions it? If this is to be paid at every transaction, will the collector levy the total of two transactions? I will be grateful if you could throw more light on this. The property is in suburban Mumbai. Kind Regards
 
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