Civil Procedure Code (CPC)

Property tax


I live in Mumbai and we are under the Brihanmumbai Municipal Corporation.

We have a society which comes under Slum Rehabilitation Development (SRA). We have two separate buildings.  A-wing is  a Sale building (where I live) and B-wing which is SRA having flats of 200 sqft carpet area.

 

I understand in Mumbai flats less than 500 sq ft area are given concession by the Maharashtra Govt and do not have to pay the property tax - I would like to know whether it is true? and from when it was implemented?

Secondly, my flat is around 474 sq ft (1BHK) do I too come under the less than 500 sqft area. 

My society is collecting around RS. 654 every month as property tax (maintenance bill).  How will I know whether this is the amount I am supposed to pay? (I approached the Municipal Corporation- The officer informed me that Property tax details have been given to the society and that I should approach the society but they(society) are not willing to share any details. How can I get the details. 

From 2015 the B-wing informed us that they have cleared their outstanding Property tax and hence their property tax is online flat-wise, whereas they are collecting high amounts from us I am also not aware if this amount is being paid to BMC. Some years back we had to pay a huge amount of outstanding.

I have cleared my outstanding, can my property tax be paid separately online by me? and if yes how do I get it done.

Your reply would be highly appreciated.

 

 
Reply   
 
Retired employee.

As a member of society, you have every right to seek such information on such monthly charges being collected and paid to BMC, you can inspect their books with the help of your friend.  If the Society refuses in writing, you can make a complaint to the Registrar of societies.  You can also raise the issue in General body meeting and seek their clarification.  If GB is not conducted so far as per time frame, you can report the same to conduct such GB under his supervision.

Regarding tax concessions, you can file on line RTI Application to State Public Information Officer, BMC, and can seek such information::  Information solicited:  Please provide me the copy of the order/circular/notification that shows various exemptions for flat owners owning less than 500 Sq. ft area in SRA.  You can also file RTI separately and seek such information on Taxes demanded, paid and arrears with BMC either for your flat or entire building flatwise,  You can add in the second application another query: "Please inform the flat owner can pay tax to BMC directly as per assessment. and the modes in which such taxes can be paid directly to BMC by individual flat owners.  (According to my knowledge the flat owners pay such taxes directly, but if the common area is more than 500 sq ft BMC collects from the Society, and that burden has to be shared by all members.)

Maintenance is different from house tax, and MC is meant for common facilities expenditure to be shared between owners/Members.

You can contact other Flat members of SRA-developed sites and can get the practice being followed in their society.

There is no litigation involved in the query and only information from society by a member was involved in the query.

 

 
Reply   
 


Retired Manager

Entire amount being paid by you to the Society every month may not be entirely towards property tax. Most of it nay be for general maintenance and general upkeep of the entire building, corridors, common area cleaning, water chrges etc.

 

You can request for break up if the utilisation of the monthly maintenance amount.

 
Reply   
 
CEO

In Mumbai every society has been given a flatwise property tax assessment list. You can get a copy of the list for your society from the property tax Assessment department of your Municipal Ward office. 500 sq.ft. area Flat are offered property tax concessions, you may get the exact quantum of concession from your Mumnicipal Ward Office. The monthly maintenance bill of the society contains other charges besides property tax.


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Reply   
 
Advocate

There is no problem to get the information even  if the authorities concerned or the society refuse to share the information sought by you.

You can file an application through RTI act and obtain the desired information, if there is no response to your application you can escalate the matter though appeal and obtain the information.

 After obtaining the information you have desired to know, you may take suitable action as per law 

 
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