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house property

29 September 2017

house property------if a person taken house on lease for 15 years
than he will be deemed as owner from 1st year or after expiry of 12 year??? section 27
aur muncipal tax ke liye vo hi liable hoga ya fir jo actual owner h vo??

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6 Replies

(Guest)

Properity in whose name

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md shahadat (88 Points)
Replied 29 September 2017

property to real owner ki h
i m saying ki if propertg is given on lease for 15 year than usko deemed owner man lia jaega and will be liable for all taxes arised from h.p.
bt kbse liable hoga from first year or aftef expiry of 12 year wich is condition for lease according to se 27

(Guest)

mulsipal bill comes in whose name (maintain. bill comes in whose name )

Ashwin Kumar (1229 Points)
Replied 29 September 2017

I think since the asset is taken on lease the municipal tax will be paid by the person who has taken it on lease as he is the deemed owner....even though the asset is owned by another person the asset is enjoyed by the lessee and all the profits and losses arising on usage of the asset will be sustained by the lessee. however the municipal tax paid by the lessee will be subsequently adjusted in the consideration that will be paid to the lessor....if I am right. correct me if I am wrong

Umakanth 07 (54 Points)
Replied 30 September 2017

1) it depends on which type of lease it is .
2) if lease is a finance lease then lessee becomes the owner when the asset is transfered to him and he has to bear
any cost or loss on the asset .
3) if lease is an operating lease then lessee won't be the owner , lessor will be considered as the real owner and he has to bear the any cost or loss on the asset .
4) in case of finance lease municipal taxes would be paid by the person who has received the asset on lease.
5) in case of operating lease municipal taxes would be paid by the person who transfers the asset.

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Ashwin Kumar (1229 Points)
Replied 30 September 2017

bro here is the final clarification ....municipal tax will be paid by the house owner unless otherwise and terms and conditions regarding payment of municipal tax has been specified in the lease agreement......unless otherwise the burden stays with the lessor........