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Author Topic: How to deposit co-owner's share of municpal tax till disposal of partition suit  (Read 1536 times)

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Offline niladri

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I am a co-owner of an undivided residential three storeyed house in Kolkata (Address: 1/F, Monohar Pukur Second Lane,Kolkata-29).My share is undivided one-fifth.My other 4 brothers are the other share holders, who are not residing in the house but have kept their possession under lock and key.The house is not partitioned and the other share holders are refusing to partion the house inspite of my several requests.I am presently occupying and possessing approximately one fifth area of the house.My brothers, are not paying their share of Kolkata Municipal Corporation(KMC) taxes, with a malicious intent to force auction the house, as I am not willing to handover the house to promoters/developers.Due to this total  arrear tax dues have accumulated to Rs 10 lakh( 1 million) approx. KMC, as per their rules are not allowing me to deposit my one-fifth share of tax, as according to KMC ACT Section 178, a building is to be treated as a single unit for assessment purposes till it is separated into separate units.So inspite of my willingness and several written letters to deposit my share of tax, i am not being able to do so, due to the refusal of KMC to accept one-fifth portion of the tax. So I have filed a partition suit(1244/2011) in Alipur Civil Court and preliminary decree have been passed.My lawyer have informed me that final decree for partion can take decades.But I want to deposit my one-fifth share of during the pendency of and till disposal of the partition suit, since I cannot wait till end of the suit to deposit tax.Because in the meantime KMC may disconnect waterline or even auction the property.I also am not in a position to deposit the entire tax of the whole house, and then file money suit to  recover from other share holders, because depositing 1million rupees, and then waiting for years to recover the same through court is not financially viable for me. So can anyone advise me whether filing a case against KMC for interim relief to deposit my one fifth share of tax will be fruitful? If so, whether I will file it in Lower Court(Alipur) or Calcutta High Court(Writ petion)? In this case will I need to implead all the co-owners? I will be obliged if some experienced civil lawyer gives me advise.Thanking you...Niladri Bose(8902181392)(nilubose33@gmail.com)

 

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