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Raj   18 September 2017

House tax on rented property before suit for ejectment

Dear Experts, I have inherited a commercial building property which includes multiple shops. All of them are on rent since many decades. My father paid the property tax last in the year 2003 and then he passed away a few months later. Neither I have nor the tenants have paid the Property Tax till now. Now I'm about to file a petition under Bona Fide use of the property. Should I already pay the property tax dues so far, which is more than 4 Lacs, or I should ask the Court later to ask the tenants to pay the property tax. Please guide me. No Mutation of the Property has been done so far. I am little hesitant to pay the amount, cuz the Judge might think, If I can pay the hefty amount of 4 lacs in one go, that my need for premises for my bona fide use is not a genuine one. As I can afford to pay the tax and as well the lawyer's fee, then he might think that I am already a rich man, which is not true. Please guide me. Thanks in advance.


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 5 Replies

Kishor Mehta (CEO)     18 September 2017

Sir,

You should  be able to prove your ownership when you file a suit for eviction. Payment of property tax has no bearing on the suit for eviction of a tenant. A tenant can be evicted if he has failed to observe any rules under the Maharashtra Rent Act or for the bonafide use of the landlord. The landlord should prove his bonafide needs to the satisfaction of the Hon.Court for an eviction order.

Good Luck,

Kishor Mehta

Dr J C Vashista (Advocate)     19 September 2017

Tenant is not liable to pay property tax, it is responsibility of owner, which you will have to pay with interest and penalty.

Property tax paid or due has no concern with eviction of tenants, consult a local lawyer for filing appropriate petition before appropriate Court.

Raj   20 September 2017

Thank you Dr. Vashista for answering my question. Can we put in the petition that no Property tax has been paid for last 14 years and tenant has also not paid us any rent, so that we can deposit the Property tax. 

Now the Court should ask the Tenant to pay the due property tax of the premises, he has been enjoying so far.

Kishor Mehta (CEO)     20 September 2017

Sir, The tenant is obliged to pay the property tax only if it is specifically mentioned either in the tenancy agreement or the rent receipt. Hon. Court can order the tenant to pay the rent due. Kishor Mehta

Raj   22 September 2017

Thank you sir for the prompt reply.


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