• Name change in property tax records - transfer of ownership

This is regarding commercial property purchased in Navi Mumbai, (Vashi) in Maharashtra in 2011 directly from developer. The Sale Deed has been executed and registered. We have been paying property tax regularly, but the property tax bill is in the name of the original landlord (from whom the developer had purchased the land). The property bill says Lessee:CIDCO, Lessor: Landlord. Now when requesting change in name in the property tax records they are asking for a 2% levy based on area of the property. Is this charge justified? Also if I submit the Ownership documents (Society NOC, Maintenance Bill, Electricity Bill & sale deed) all of which are in my name, then does it still amount of "transfer of ownership" or simply "change in name of owner/property mutation". Guidance will be sincerely appreciated and acknowledged
Asked 4 years ago in Property Law
Religion: Other

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6 Answers

It would amount to transfer of ownership from landlord/ developer to your name 

 

as far as levy based on area of property is concerned you have to pay charges as levied by cidco 

Ajay Sethi
Advocate, Mumbai
97257 Answers
7855 Consultations

It appears that the shop is in some society

does the shop owners get individual property tax bills or a common property tax bill is issued to the society ?

if a common bill is issued to the society then there is no need to mutate your name in the property tax records

if individual bills are also issued to the unit holders in the society building then you can have your name mutated by paying the requisite fees of the authority which has to be charged as per the statute 

transfer of ownership and change in name of owner/property mutation is the same thing!

Yusuf Rampurawala
Advocate, Mumbai
7721 Answers
79 Consultations

It's change in name or mutation. 

Prashant Nayak
Advocate, Mumbai
32685 Answers
207 Consultations

You apply for transfer of property tax to your name in writing and submit the application form with an acknowledgment form the authorities concerned.,

If they demand the said levy, you may ask them to give it in writing.

After that you may drag them to court of law on the basis of your ownership and clear title to the property by filing a suit for mandatory injunction against them to refrain them from making such illegal demands with a prayer to direct them to approve the application for name transfer of the property to your name.

 

T Kalaiselvan
Advocate, Vellore
87462 Answers
2348 Consultations

- Since the sale deed already registered in your name , then legally you are absolute owner of that property , and hence you are entitled to change the names in Property tax as well. 

- You should move an application after enclosing the copy of the sale deed before the concerned authority/revenue officer for the same. 

- Further, enclose uptodate receipt of the property tax receipt with that application. 

- If the taxes are updated of that property , then they cannot levy any extra amount from you. 

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

Dear sir'ma'am,

How to change name in property tax online- Some vital tips

It is not prudent to keep postponing an important property tax name change if it is required. Does the property tax bill still have the name of the earlier owner of the property or the developer? You should then get the same changed right away. The procedure may appear a little complex and exhausting although if you have all the documents that are required, getting the name changed will be a breeze.

This is the procedure that you need to follow if you are wondering about how to change name in property tax records. Prior to applying for any change in the name on property tax bills, you should ensure that you have all vital documents in place. These include the following:

  • Receipts of taxes that have been paid last.
  • NOC (no objection certificate) from the housing society.
  • Attested copy of the sale deed or deed of sale transaction that is in your name.
  • Filled up application form along with your signature.

The documents and the application form for the name change should be submitted to the Commissioner of Revenue. This is answer to your query for how to change name in property tax records. The application will be verified upon submission and the name change in the property tax records will attain approval within a period of 15-30 days on an average.

Property Mutation- Some basics that you should know

Apart from knowing how to change the name in property tax online, you should also focus on mutation for any property. This procedure enables owners of the property to seamlessly change ownership of the title post buying the property or inheriting any property. The No Outstanding Certificate for the property may be needed before applying for mutation of the same. If the property has been inherited, the original death certificate (in case of death of the property owner) and the affidavit will also be needed. The filled up mutation form can be submitted with all necessary documents for changing the ownership of the title. The property mutation procedure will help municipal authorities update the records of property taxes to reflect the name of the rightful owner and issue suitable documents of taxation accordingly.

 

What is the process:

Each state has a variation on the documentation procedure and the fee structure. A good next step is to inquire with your state’s Department of Revenue directly or through an agent.

Documents needed are:

  • Sale deed

  • Application for mutation with court fee stamp affixed
  • Indemnity bond on stamp paper of requisite value
  • Affidavit on stamp paper of requisite value
  • Receipt of the up-to-date property tax payment 

Statements of intent is taken from both parties. This follows a 15-day notice period for any objections raised to be recorded. If there are none, the process goes through. Once the sale goes through, the original owner’s responsibilities are closed, and the new owner has to take on the task of paying property taxes.

Charging the amount -2% levy based on the property is not justifiable.

Anik Miu
Advocate, Bangalore
10292 Answers
121 Consultations

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