How do I challenge property tax assessment?
To challenge a property tax assessment, property owners can typically file an appeal through the following process: Start by reviewing assessment data to understand assessments, rates, and methods used by local municipal agencies. Municipal law generally allows property owners to appeal if they believe an assessment is erroneous, excessive, or unreasonable. Submit a formal written objection to the municipal official or designated tax assessment committee within the specified time frame. It usually takes 30-60 days after notification is received. Attach supporting evidence, such as an evaluation report. Comparable property prices or evidence of errors in assessment. Legal provisions for challenging property tax assessments are provided in municipal laws, such as the Municipal Corporations Act, or relevant state property tax rules, such as Section 169 of the Delhi Municipality Act,1957. Allows property owners to challenge assessments before appellate agencies and the Tamil Nadu District Municipality Act, 1920 provides for appeals and revisions of property tax assessments. Make sure to comply with procedural requirements, such as paying the tax portion without issue, to maintain your legal status. If not resolved at the appeal level, you can refer the case to civil court. It focuses on algorithmic anomalies or evaluation errors.
What documents prove property ownership?
Section 17 under the Registration Act 1908 provides that any document intended to create, declare, assign, restrict, or extinguish any right, title, or interest in real estate must be registered. The main document proving ownership is the sale deed, which must be registered at the deputy registrar’s office. Other important documents include the land title deed, mother deed (previous ownership document), and property tax receipt. And certificate/patta extract issued by city officials. Ownership documentation involves maintaining an organized collection of authenticated records that not only validate current ownership but also provide historical context of property transactions, ensuring legal protection and facilitating smooth property-related processes such as sales, inheritance, mortgages, and dispute resolution. Section 54 of the Transfer of Property Act, of 1882 states that real estate can be sold only for property worth more than Rs. 100. In addition, income records such as Right, Lease, and Crop (RTC) records, extract 7/12 (area rural area) or property card (urban area) serves as important documentary evidence of ownership. The Indian Registration Act also requires records to be kept at the Deputy Registrar’s Office. The ownership chain can be traced through an Encumbrance Certificate (EC), which shows all registered transactions involving the property.
Can the landlord evict me without notice?
Landlords cannot evict tenants without giving notice as required under various tenancy laws, which include the Property Transfer Act of 1882 and state-specific rent control laws. Section 106 of the Property Transfer Act 1882, states that the landlords must give written notice to tenants before terminating a lease. The notice period is generally 15 to 30 days, depending on the terms of the lease and applicable state law. This notice should clearly state the reasons for the eviction by allowing the tenant to resolve the issue or move out of the premises within a specified period. If a landlord attempts to evict a tenant without following these legal steps, it will be considered an illegal eviction. The tenant has the right to challenge such proceedings in court. Homeowners who do not follow the due process may face legal consequences, including fines or orders to return the tenant. This includes landlords’ self-help measures, such as forcibly evicting tenants or cutting off utilities. It is considered illegal and may lead to criminal charges.
How do I check if the property title is clear?
To check a proper title verification process is essential to verify that the title to a property is clear. It is a verification of various documents related to property such as sale deed, parent deed, certificate of encumbrance, and mutation account according to Section 11 Real Estate Act (Regulation and Development) Act 2016 (RERA), A clear name is important as it is a legal confirmation of ownership and certifies that the property will be free of any encumbrances or disputes. The inspection process should begin with collecting all relevant documents from the seller. Then, it is considered and scrutinized for consistency and accuracy. It is important to check the ownership line to ensure there are no gaps or discrepancies that could affect the validity of the name. Additionally, an Encumbrance Certificate (EC) must be obtained from the local Deputy Registrar’s office. Online Encumbrance Certificate (EC) under RERA can be obtained through the respective state’s RERA website or dedicated online portals, enabling prospective buyers to digitally verify property ownership history, existing legal claims, and title clearance. The online EC provides a comprehensive record of property transactions, mortgages, liens, and legal encumbrances, allowing potential buyers to conduct due diligence by accessing authenticated documents that confirm the property’s clear title and legal status, thereby ensuring transparency and reducing risks associated with property investments. It contains details of all registered transactions affecting the property. This certificate is important for identifying mortgages, encumbrances, or legal disputes relating to the property under Section 17 of the Registration Act 1908. Documents related to property transfer must be legally registered. Therefore, it is essential to check that all documents are properly registered and stamped to confirm a clear title.
What if the builder delays possession beyond the date mandated under the RERA?
If the builder delays acquiring the property beyond the date stipulated in the Real Estate Act (Regulation and Development) Act 2016 (RERA), homebuyers have specific rights and remedies. According to Section 18 of the RERA, if the builder fails to deliver possession as per the agreement, the buyer can either terminate the agreement and seek a full refund of the amount paid along with interest or choose to continue with the project while claiming compensation for each month of delay until possession is granted. The interest payable by the builder for delayed possession is typically set at 10% of the amount invested by the buyer, reflecting a significant financial penalty for non-compliance with agreed timelines. In addition to these measures, manufacturers who neglect their obligations under RERA can face severe penalties. If necessary, compensation is not paid or the provisions of the Act are complied with, they may be fined up to 10% of the project’s estimated cost or imprisonment for up to three years or both. Homebuyers can file a complaint with the regulatory agency under Section 31 of the Act if their rights have been violated. This complaint process effectively resolves disputes in approximately 60 days, providing homebuyers with a legal framework to receive compensation for delayed possession.
What should you do if your salary is delayed repeatedly?
If an employee is facing repeated late salary payments, the first course of action will be to raise the matter with the employer through formal communication. It is most advantageous to retain all communications, such as emails or letters, that request payment on time as a record. According to Section 3 of the Payment of Wages Act 1936, it is the duty of every employer to make timely payments to their workers, and any delay in payment is a violation of this Act. Employees must remind their employers of their legal responsibility and insist on a quick resolution to the issue. In case the employer does not respond or the situation is not improved, the employee can proceed with the procedure by making a grievance to the labor authority or the inspector in their locality. In compliance with the Payment of Wages Act, of 1936, if a worker faces persistent salary payment delays, they can turn to the authority specified in Section 15. Section 1(6) of the Payment of Wages Act,1936 originally applied to employees receiving wages up to ₹18,000 per month, with a provision allowing the Central Government to periodically revise the wage limit based on the Consumer Expenditure Survey published by the National Sample Survey Organisation. Pursuant to this provision, the Central Government issued a notification extending the Act’s applicability to employees receiving wages up to ₹24,000 per month, effectively increasing the previous wage ceiling and expanding the Act’s protective scope to a larger segment of workers, thereby ensuring continued relevance and alignment with evolving economic conditions and wage structures. This clause empowers the government to appoint an officer who will deal with the issues of wage deductions and delays. Workers or their representatives can submit a request within a period of twelve months from the day the wages should have been paid or were deducted. The authority has to listen to both parties and after conducting the investigations, it can order the employer to return the amount deducted or to pay the late wages with additional compensation. The compensation may be up to ten times the deducted amount or a specified amount for delayed wages, as stated in sub-section (3) of Section 15. Subsidiary actions like the latter can be brought against those who inflict hurt on the employee during the grievance process. Furthermore, if the employee expresses that their grievance was made in good faith, but the employer resolved it with hoaxes, penalties may be applied in accordance with subsection (4) of Section 15. The authority, if discovered wrongdoing, may issue a penalty to the employee. Furthermore, any inquiries conducted under this section are considered judicial proceedings under sections of the Indian Penal Code,1860 ensuring that due process is followed. If an employee’s claim is upheld, any amount directed for payment can be recovered as if it were a fine imposed by a Magistrate, ensuring that employees have legal recourse for delayed salaries and unauthorized deductions from their wages.
Can my company force me to resign?
An employer cannot legally force an employee to resign, as this would violate the principles of employment law and the rights of the employee The Industrial Disputes Act, of 1947 is the act that provides the method that employers have to use in order to retrench the workers (termination). Section 25F of the Industrial Dispute Act,1947 states that the employer cannot retrench a worker who has been in continuous service for a minimum of one year unless he is paid compensation equal to 15 days’ average pay for each completed year of service. Making an employee resign without taking the stipulated procedure would be a wrongful termination. Furthermore, Article 19(g) of the Constitution of India assures the fundamental right to exercise any profession or occupation, which can be interpreted as a rule against coercing employees to resign. Courts have decided that employers cannot make workers resign as this would be a violation of this constitutional right. If an employer forces a worker to resign without just cause and demands it be done according to the right procedures, the worker may be able to contest the resignation as unlawful and get reinstated or ask for remuneration through the labor courts or tribunals.
What compensation do I get if laid off?
According to Section 25C of the Industrial Disputes Act of 1947, a laid-off worker shall get 50% of the basic pay as well as the DA(dearness allowances) for the time of layoff. On the other hand, the regulation permits the officer to grant compensation to the worker for only a period not exceeding 45 days in twelve months. The eligibility for this compensation depends on certain criteria: the employee must have completed a minimum of one year of service and must not be classified as a casual or badli worker (i.e. a worker employed in an industrial establishment to temporarily replace another worker whose name is on the muster rolls. However, a badli workman ceases to be considered as such if they complete one year of continuous service in the establishment.) In case the layoff lasts more than 45 days, the employer may choose between still paying the compensation or firing the employee. Section 25E of the Industrial Disputes Act, 1947, one worker, who has been laid off shall not receive any compensation if they: (i) decline to accept a job that has been offered by the same employer in the same or nearby location and the wages are the same; (ii) fail to report for work at the scheduled time and location; or (iii) the reason for the layoff is a strike or a slowdown in other parts of the establishment.