I bought an OLD Commercial office in re-sale ( built in 1995 ) of 1000 sq in Ahmedabad City area, and the society is demanding 100 Rs. per sq as Society Transfer fees. The transfer fee is limited to 50,000 Rs. and another 50,000 as user development fee. I told the society bearers that there is a limit that the society can't charge more than 50,000 for the transfer of name, and they told me that, that limit is prescribed Only by housing society and its not applied on a NTC. The society is formed under the NTC act. What are my options here ? Is there any ruling which had this limit implied on a NTC Society in Gujarat State.
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1. The demand of the Society appears to be well beyond the mandate of the Act.
2. In tat situation you can lodge complaint with the Registrar of society stating the unreasonable claim the society is making.
3. If it is found that the transfer is beyond the prescribed limit of 50k the Registrar would direct the society to issue Transfer Certificate.
I already know that, in case of a registered co-op housing society. My question is specific to NTC But as mentioned, the limit is for Housing Society ONLY. How about NTC registered before 2005 ? Is the limit application on NTC ?
1) ask for copy of bye laws adopted by the society under NTC act
2) the bye laws would contain provisions regarding transfer fees to be charged in case of sale of commercial premises
3)whether any resolution has been passed in AGM for transfer charges of Rs 50000 to be imposed in case of sale of office premises
4) unable to find any ruling on NTC society in gujrat state
Yes I have already done that. 1 & 2) I already have the tharav ( resolution ) of meeting of AGM of the NTC corporation which states the rate of 100 Rs. per sq. feet. And in case when its more than 50K they charge 50K for society transfer and rest as Development fee.
1) file RTI application with registrar societies under NTC act as to whether any circular issued as to the transfer charges leviable in case of resale of commercial premises
2) if in reply registrar says no maximum amount has been fixed then you have to pay transfer charges levied by your society