Recovery of tax dues from the buyer of property as land revenue ...

Property Buyers Protected from Hidden Charges if Unaware, u/s 100 of the Transfer of Property Act.

April 13, 2020

Case Laws     VAT and Sales Tax     HC

Recovery of tax dues from the buyer of property as land revenue - bonafide purchasers or not - A charge created by operation of law will not automatically infer a presumption of knowledge on the intending purchasers about the tax arrears, as well as the consequent charge on the property, which they intend to purchase. Consequently, the question of “Wilful Abstention” or “Gross Negligence”, would generally be a question of fact or law or a mixed question of fact and law - when the prospective purchasers are not expected to have constructive knowledge of the charge and when the property is purchased for a valid consideration and without notice of the charge, they would be entitled to the saving clause provided under Section 100 of the TP Act. - HC

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