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UAdvice needed : We have a building in Bangalore that is under litigation right now. The litigation is between me and my cousin. The key is at court. The previous tenant had not paid tax for 2022-2023. Today the BBMP which is our local governing body came home to give us a ‘Form of proclamation and written notice of sale of property’ he is saying if we don’t pay tax by Feb 14th they will sell the building. Please advise what needs to be done. We don’t want to pay tax cause the building is empty and under litigation plus it was the previous tenant who ownes the taxes.
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Iu/ S144 & S147 BBMP Act, BBMP is within its right to levy taxes and take coercive actions, which may include the attachment and sale of distressed property.
As the owner, you bear the responsibility for the taxes (unless otherwise specified in the tenancy agreement). The fact that the property is in litigation does not absolve you of your responsibility towards government taxes.
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UBut how can they do this only after two years ? Shouldn’t the person who was the tenant and running the business for those years be paying ?
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ILegally, the property owner is liable for property tax.
In the case of commercial properties, it is customary to place the responsibility for such taxes on the tenant. However, the enforcement is on you. If the tenant did not pay their dues to you which includes rent and taxes (if it was agreed upon), it becomes a private dispute between you and the tenant. BBMP is not a party in this matter.
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