Q:
Background:
Person A has registered the property ( apartment unit) in March 2014 and Person B has registered the property (apartment unit) in April 2014. Please note that both persons have purchased different apartment unit from the same builder. You should note few points here about the builder. They are listed below
1. Builder has not completed the entire project ( pending items like Amenities) till date. Hence he has not obtained OC and Khata.
2. Builder has not transferred Khata to the individual owners since the project is not complete
3. Builder has paid the property tax till 2014-15 for the "vacant land"
4. The builder has not handed over the complete project to the association yet since he has not completed the entire project
5. Residents who have bought the apartment, have started living in the apartment.
Case
Person A visits the BBMP office and he was told to pay the property tax for 2013-14( along with 2014-15 and 2015-16) since he has registered the property in March 2014 and March 2014 is part of 2013-14 where as Person B was also asked to pay the property tax for 2013-14 irrespective of the fact that he has registered the property in April 2014.
The reason given by the BBMP is - "Building is ready since the builder has started registering the property from March 204 onwards. In this case, person A is the example. When person B tries to convince him saying he has purchased/registered the sale deed only in April 2014, BBMP officials says to contact /ask the builder to pay the property tax for the year 2013-14 in Person B's case.
With the above background and case , can you please answer the below questions to the point?
1. Does BBMP official makes sense in the case of Person B? Who is responsible to pay the property tax in B' case? Is it the builder or B?
2. As per the BBMP official's claim of building is ready by March 2014, why did they accept the property tax from the builder till 2014-15 for the vacant land? Would not have they refused the payment saying building has come up and they should be paying the property tax for the building and not for the land?
3. Can Person B take the advantage of property tax paid by the builder for the vacant land till 2014-15 to claim the benefit of not paying the property tax for 2013-14 for the apartment unit( since its mandated by BBMP for him to pay the property tax for 2013-14 also irrespective of the date of registration) that he had purchased in April 2014?
Q:
Hi,
I have registered a property( 3 BHK apartment unit) which is located in Doddakammanahalli, Off Bannerghatta Road in the month of March 2014 and I started living in the apartment unit from April 1st 2014 onwards.
The builder has not completed the entire project, hence there is no OC and no khata transfer has been done so far.Builder has paid the property tax for the land till 2014-15 and has not paid the property tax for 2015-16.
I visited nearest BBMP office to check if I am liable to pay the property tax in this case.
Following are the points given by him:
I am liable to pay for 3 years - 2013-14, 2014-15 and 2015-16 and gave me the break up of the amount for 3 years in the form of 3 seperate DD
Name change will be done from the builder's name to my name. Seperate 600 Rupees will be applicable for this.
Payment receipt will be provided.
Khata is not needed for paying the tax.
My questions:
1. How can I make payment without having my own khata number?Assuming I make a payment now and BBMP issues the receipt for the payment. What is the guarantee that payment history/credit will be given to my khata once I get my own khata?
2. BBMP officials are ready to get the tax even without khata. Assume I make a payment now, whose khata do they use in their records now?
3. If BBMP issues payment receipt for my payment, will that be useful when I get my own khata and can they give me the credit of property tax payment by that time?
2.Do I need to pay the property tax or the entire full year 2013-14 since I have registered my property only in March 2014.?
Latest Answer: Hey Varun, You have to pay the property tax for the entire year 2013-2014. But before paying kindly take suggestions from a legal expert who deals with property tax.
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