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Does The Onus Of Paying Property Tax Lie Solely On Parents If Children Are Working?

The parents are usually ready to pass on their legacies, like the property in which they live, to their children, but isn’t it the duty of the beneficiary children to take the onus of paying the property tax towards such property?

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Amit Sethi
February 13, 2024
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The children who are not working and are still dependent on their parents may not be paying property tax for the property owned by their parents, but isn’t it the duty of the working children to pay such taxes? Are there any legal options available to the retired parents so that their working children pay the property taxes? Let’s explore this issue from various legal angles.

Also Read: How Can Senior Citizens Avoid Capital Gains Tax?

If the working children live with their retired Parents, does the onus of paying property tax still lie solely on the Parents?

Venket Rao, Founder, Intygrat Law Offices LLP, answers, “No, working children may not be liable to pay the property tax on behalf of his/her retired parents if the property is owned by their parents; however, the retired parents are liable for the maintenance in terms of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (‘the said Act”), wherein the senior citizen may prefer an application under Section 5 of the Said Act before Maintenance Tribunal and claim the relief of maintenance from his/her children”.

According to experts, if the parent owns the property, then the property tax is legally liable to be endured only by the parent.

Also Read: Important Income Tax Forms Seniors Should Know

Can the Parents legally bind their children to pay the property taxes?

“Imperatively, children have legal obligations to maintain their Parents; however, the law is silent on the aspect of the financially independent children residing with their Parents that they shall bear the burden of property tax, especially when the title of the property is with the Parent”, adds, Rao.

What should retire seniors do if their children don’t bear the property tax payment?

Experts suggest that seniors who find it difficult to pay the property tax can make their children accountable in the following manner:

– The Parent can make their children liable by invoking Section 125 of Cr. PC wherein the Child is liable to endure the maintenance.

– The Parent can exhaust the remedies available in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which is a civil mechanism.

If the children don’t care for their parents or refuse to take care of their property, such parents can take legal remedies available under the law to restrict them from claiming their rights on the parental property.

The author is an independent financial journalist.

Also Read: Do Types Of Residential Houses Determine Property Tax? Are There Any Rebates For Seniors?

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