The first remedy is that of Appeal which is provided under Section 169 of DMC Act which can be filed before Municipal Taxation Tribunal ( in short MTT). Here you can challenge the increase of your property tax by giving all the reasons which you think are required to be taken into account by MCD
Many a times it have been seen that there is an unreasonable demand of property tax by MCD authorities that too for a time period spanning 10 to 20 years. It makes the property tax a huge burden as it is nearly impossible to pay such a big amount that too within a short period of time.
It often happens that the siblings in the family solve their disputes regarding paternal property themselves and without making any undue publicity of it. Further it makes sense to pay a stamp duty when you purchase a property from some stranger but when you are getting your father’s/mother’s property which was always yours, need to pay stamp duty is never felt.
Some Trespassers try to stretch the case by filing Appeals even if they lose. Like even if you win the case in the Court of Additional District Judge, the Trespasser will file an Appeal in the Delhi High Court just to delay the case and vacating the property.
X outrightly denies giving you any share, stating that your Father made a Will in which he gave the Flat to him.
If in a Sale Deed it is written that the property is sold on “as is where is”, “as is where is” or “whatever there is” basis you should avoid buying it.
Charge is entirely different from the a mortgage defined under Section 58 of Transfer of Property Act, 1882. If a mortgage (colloquially called “Girwi rakhna” in North India) of Rs.100 remains unpaid to the Mortgagee (the person who gives the loan on the security of the property) and the Mortgagee brings a suit for Foreclosure and Sale of the property whereby the property is sold for Rs.60 then the Auction Purchaser have to just pay the bidding amount to the Mortgagee and nothing more.
For this reason that the court asked the tenant to pay Rs.17 Lacs per month to the landlord from the day it failed to do so i.e. November 2017 till the end of the case. This way it doesn’t matter how long the case goes the tenant have to pay the said amount every month to the landlord.
Therefore property owners should beware that they have a right to enjoy their property to the fullest and if someone creates any hurdle in that enjoyment they can approach the Courts of Law in India to exercise their such right.
P being his only son becomes owner of the Bungalow as per Section 8 of Hindu Succession Act. Now Section 43 comes into picture and W can ask the Court to force P to transfer the Bungalow in his name. This is the true interpretation of Section 43.
