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Will the tax arrears be borne by builder or owner ?
05-Jan-2023 (In Property Law)
I am staying in gated community have 162 apartments / flats. Most of the flats were occupied by 1st quarter of 2015, whereas I have registered my flat in Feb'17 & moved in by April'17.Recently builder asked to pay 10K for getting my flat assessed by corporation. The Property tax pay out order ask for Rs.23100 total amount (@ Rs.3850/half year). I seek your valuable advice, whether arrears has to be borne by present owner (myself) or the builder.Anyhow builder has clearly said no & asked me to pay.
Being the owner of the flat, you have to bear the property tax but only from the date on which you gained possession of the property. And if you got possession of the flat in 2017, then you have to pay only for that part of the year from when you got possession of the property on a pro rata basis.
But if you agreed to pay for the property tax of the earlier period also in the agreement to sale then you will have to pay for that period also.
But if you agreed to pay for the property tax of the earlier period also in the agreement to sale then you will have to pay for that period also.
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Adv. Samyak Raj
Delhi | 500+ Answers
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Normally taxes are borne by the owners. Since you are in gated community, property tax normally assessed in the name of builder altogether. If you want your flat to be assessed seperately in your name, you are required to file fresh/change assessment and for which you need to bear the charges.
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Adv. R Vandhana Gayathri
Kanchipuram | 25+ Answers
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Absolutely your builder has no right to demand the arrears of property tax from you. Since you became owner subsequently and therefore you are liable to pay only on the date from you occupy the said apartment.
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