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If property tax is paid in fathers name is it father's property
24-Jun-2023 (In Property Law)
My father is died before 8 month ago, my mother and other doesnt know current house is in name of my father or in my grand father name. Now we pay the property tax in the name of my father. if we pay the property tax in father name then the property should register under my father name else there is chance to different in property tax and propery document name?
What do you want to clarify by posting this vague query without any details ?
Dont you have the property title document with you?
Did you not go through the property document properly to ascertain who is the owner of the property?
If the property is still in your father's name then it can be said that the same was not legally transferred on your father's name.
This indicates that your grandfather died intestate and upon his death the property devolved equally on all his legal heirs, one among them being your father.
In this property the siblings of your father shall be entitled to an equal share in the property as successors in interest.
If any brother or sister of your father is deceased and left behind their legal heirs the said legal heirs will be entitled to that share which their deceased father/mother shall be entitled out of your grandfather's property.
Just paying the property tax or the name in the property tax receipts shall not be a title to the property and the said person cannot claim ownership to the property. The property tax may be in your father's name, but this will not entitle him to a marketable title to the property.
A proper partition allotting shares of other legal heirs to your deceased grandfather and availing your father's share jointly by all the legal heirs of your deceased father and getting it registered on everyone's name and also by getting them mutated in the joint names shall be the proper legal course of action that can be taken in this regard.You may consult an experienced local advocate and take a proper legal opinion by producing all the relevant documents before him to be doubly sure of all the legal aspects involved in it and the next course of action to be taken on it..
Dont you have the property title document with you?
Did you not go through the property document properly to ascertain who is the owner of the property?
If the property is still in your father's name then it can be said that the same was not legally transferred on your father's name.
This indicates that your grandfather died intestate and upon his death the property devolved equally on all his legal heirs, one among them being your father.
In this property the siblings of your father shall be entitled to an equal share in the property as successors in interest.
If any brother or sister of your father is deceased and left behind their legal heirs the said legal heirs will be entitled to that share which their deceased father/mother shall be entitled out of your grandfather's property.
Just paying the property tax or the name in the property tax receipts shall not be a title to the property and the said person cannot claim ownership to the property. The property tax may be in your father's name, but this will not entitle him to a marketable title to the property.
A proper partition allotting shares of other legal heirs to your deceased grandfather and availing your father's share jointly by all the legal heirs of your deceased father and getting it registered on everyone's name and also by getting them mutated in the joint names shall be the proper legal course of action that can be taken in this regard.You may consult an experienced local advocate and take a proper legal opinion by producing all the relevant documents before him to be doubly sure of all the legal aspects involved in it and the next course of action to be taken on it..
Helpful?
50+
50+
Adv. T Kalaiselvan
Vellore | 400+ Answers
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Sir/Madam,
in case, the property was purchased by your father in his name and the property tax assessment is in your father name, then you can approach the local Municipal authority stating the fact of demise of your father and substitute the legal heirs name on their file. otherwise , if it is the ancestral property having property tax assessment in your father name, you need not worry about the ownership of the property because, the ownership cannot be claimed merely on the basis of property tax payment receipts and it should be accompanied by the valid documents like sale deed, Encumbrance certificate etc.
in case, the property was purchased by your father in his name and the property tax assessment is in your father name, then you can approach the local Municipal authority stating the fact of demise of your father and substitute the legal heirs name on their file. otherwise , if it is the ancestral property having property tax assessment in your father name, you need not worry about the ownership of the property because, the ownership cannot be claimed merely on the basis of property tax payment receipts and it should be accompanied by the valid documents like sale deed, Encumbrance certificate etc.
Helpful?
37+
37+
Adv. N Sudalai Muthu
Madurai | 100+ Answers
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