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UThe property in question had a tax arrear of ₹1.5 lakh, in my grandfather’s name and continued to accrue due to the absence of mutation. This property was divided among his 5 sons in 2010. In 2014, two of the sons sold their shares without clearing the tax arrears.
The most recent tax bill, shows that the property is now divided into two house numbers with separate tax liabilities: one house number has 3 shares and tax of 43k, while the other has 2 shares (one of which is mine) with tax of 56k. If I pay my share of the tax that is 28k and apply for mutation, will my mutation request be processed even if the other co-owners don’t pay their respective shares? Or will they also need to clear their dues for mutation to succeed?
Additionally, the previous owners who sold their shares are claiming that the remaining occupants, including me must clear the entire tax liability since they are no longer concerned with the property’s status, which will lead me to paying more than 28k. This seems unfair as they benefitted from selling without addressing their share of the arrears.
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AYou are only liable to pay your share. However, this is subject to clear demarcation of property and ownership.
PS practically, the department should be convinced by hook or crook.
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UOne person from the department has confirmed the same regarding liability. However, regarding the mutation, they are hinting that it would proceed only if the other owners pay their share. This might give the other owners a chance to use it against us by deducting it from other common profits whenever possible. I hope it is viable to get a written confirmation from the authority about our limited liability, as I am currently in another state and unable to contact the department in person to clear these ambiguities.
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