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Last Updated On 05-Jul-2021
Tax-Property Tax

Pending property tax from transferor(previous owner)

Hi All, I purchased my first flat in April 2019. I got the property tax receipt this month(July 2021) from corporation for the period October 2016 to 2020-2021. The pending tax was from October 2016 (It was not paid by the previous owner up to the time of sell). I requested the previous owner to reimburse/pay the tax till April 2019, but he rejected and blacklisted all my numbers. So is there any way through which we can recover the said money ?

( Pune, Maharashtra )

05-Jul-2021

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A.
Kya aap ke dawara flate lete time jo sale deed likha gya tha usme aisi koi baat likhi gai thi ki bakaya tax aap hi jama karega ya phir landlord jama karega.
Agar aisa likha hai ki bakaya tax land lord jama karega tab aap ek application vibhag ko sari baate likhte hue bheje ki is tax ko purane land lord se vashul kiya jae.
Jab aap property ko dekh rahe the tab aap ki duty thi ki aap uske baare me sahi jaankari prapt kare.
Phir bhi aap vibhag se contact kare or unko apni problems share kare ki mene yah flate 2019 me khrida hai iske baad ka tax dene ke liye me tayyar hu. Pichla tax aap purane landlord se vashul kare.
Agar nhi mante hai tab aap vibhag ko or landlord ko party banate hue civil suit filed kare ki vibhag bakaya tax landlord se vashule na ki mere se.
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Posted On 05-Jul-2021
Vidhikarya
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If the previous owner is denying to pay the pending tax then it would be suggested to file a money recovery suit against him the court. You could start with sending him a legal notice to either pay the money or you'll file a civil suit. But if the tax pending is of very low amount it would suggested to solve the issue amicably instead of indulging in long process of court.
Also you could file a case against him for cheating and misrepresentation.
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Posted On 05-Jul-2021
Vidhikarya
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The earlier owner has cheated by not disclosing the essential information at the time of selling the flat. You have all right to claim compensation from him and if he deny then file a money recovery suit. Money recovery suit is the way through which you could you can recover the money from him.
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Posted On 05-Jul-2021
Vidhikarya
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Dear Sir,
You can file money recovery suit along with interest thereon and also threaten to file cheating case. It is nothing but cheating because he has not disclosed non payment of previous taxes and the previous owner that is your vendor is suppose to clear all dues in respect of such property.

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Posted On 05-Jul-2021
Kishan Dutt Kalaskar
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First try to convince him amicably and if he doesn't agree than send him legal notice through a lawyer to that effect and if he doesn't reply or comply with the same in 15 days than you may think of filing suit under Specific Relief Act against the previous owner for performing certain duty. However you have not mentioned the amount towards property tax. If it is some nominal amount of 5k to 7k in total of all four years than I believe no one would file case against that so probably you can just pay the same and move on. Hence it's your call. Thank you.
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Posted On 05-Jul-2021
Vidhikarya
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