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Landlord Tenant Landlord Tenant

1 week ago

Hi sir, Tenant who is public/govt company have a lease with me for my land saying in lease deed he will pay property tax. But they are asking us to write the company name in owners column next to my name example my name is ABC company name xyz,
Then in property tax form owner's column they asked me to write as ABCxyz, so in receipt payee name appears as my name with company name. Will it be problem for land owner if tenant name is written on property tax form in owner column with my name.

Anik

Responded 1 week ago

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A.Dear Client,
Generally, in a freehold property, the lessee cannot pay the property tax. The lessee can pay the property tax only in case of a property that is declared as a leasehold property by the Land Revenue Department. In this case, if the lessee pays the property tax in respect of the freehold property it might lead to legal complications. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 week ago

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A.Dear Client,
If the registered owner of the property is a company who is leasing that property to another company on lease, that cannot change the character of a property from a freehold to a leasehold until and unless it is declared as a leasehold property by the Land Revenue Deptt. and accordingly lessor cannot authorize the lessee/tenant to pay the property tax in their name. A lessee can pay the property tax of a property which is a leasehold property. In a freehold property, the property tax is payable by the owner or lessor of the said property. Here holding of the property as recorded defines and determines the parties liable for payment of property tax. So, the process adopted in your case is impermissible under the law if the property is a freehold property. Reach out to an Advocate experienced in civil laws for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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