Hello. My father got a flat under redevelopment in August 2015. The developer handed over the flats to all old & new members & formed the society in August 2015. My father died on 31/05/2016. He has not made any will. Further the society has neither issued share certificate nor nomination forms. Hence my father was unable to make nomination. My father left behind my mother, myself (son) & three sisters. We have no dispute among us as we all are agree to transfer the said property on the name of my mother & myself jointly. Accordingly I have given set of all the documents including affidavit, indemnity bond & application to the society along with the death certificate. The society have decided to issue share certificate in this month ( FEB-2017). They are ready to transfer share certificate from my father to my mother & myself jointly only if we PAY Transfer charges of Rs. 25,000=00. My question is, May I have to pay Transfer charges compulsorily ? Letter of administration or succession certificate is essential in my case. What step I can take further if society doesnt agree ? Please guide.
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1) transfer charges have not to be paid in case flat transferred in your and mother name after father demise
2) since your father died intestate better obtain letters of administration from high court
3) succession certificate is only for movabl debts and securities and would not serve the purpose
4) complain to day registrar if society refuses to transfer flat in your mother name
1. The transfer charge depends on the bye laws of the society.this is generally administrative charge and the amount varies from society to society. You can check form the society registrar's office to find out the amount is exorbitant or not.
2.Do not theat mere trasnfer of sahre certificate in your joint names will not make you and your mother joint owner of the property. To release the sahre of your sisters they will have to execute and register a deed of gift deed. Otherwise even if share certificate transfers in your name they remain its joint owner and later on if they change their mind they can claim their share in the proeprty.
1. If the flat owners have registered a society under the MCS Act the following fees can be collected, to the exclusion of any and all other charges or enhanced amounts, irrespective of the bye-laws or general body resolutions. a) Membership Entrance Fees = 100/- (for each person) b) Membership Transfer Fees = 500/- c) Share Transfer Premium = 25000/-.
2. Letter of administration or Succession Certificate is not required in your case.
For transfer of share certificate to a legal heir of the deceased ;
When there is no dispute, following papers are to be submitted:
(1) Application for membership by an heir of the deceased member, in Appendix-17, with Rs100 entrance fee. [under Bye-law No.35]
(2) If the heir does not have an independent source of income, an undertaking by an earning member and relative of the heir, who is ready to pay all Society's due of the heir has to be made on Rs100 Non-judicial Stamp Paper.
(2) The heir has to give an indemnity on Rs200 Non-Judicial Stamp Paper, in Appendix-19. [ under Bye-law no.35 ]
(3) The heir has to give an undertaking on Rs100 Non-Judicial Stamp Paper, in Appendix-4. [under the bye-law no. 17(b) and 19(A)(iv) ]
(4) CHS will display the notice in Appendix-16 in its notice board, send a copy to every member of the Society and will publish it in two local news papers having wide publicity, one in local language and one in English. Any claim from the public has to come within a period of 15 days from the date of publication of the notice. [ under Bye-law no.35 ]
(5) Follow points (6) to (10) as mentioned above in the case where nomination is made.
(Note: The heir has to take a Xerox copy of the notice published in all the news papers as proof of publication in the newspapers and among the members of the said CHS. These are to be submitted to the Society, as a proof of publication in the papers.)
He will then submit his papers to CHS, only after the period stated in the newspaper has expired.
There is no necessity to pay Rs. 25,000/- towrds this transfer, this is applicable only when the property is sold and share certificate to be transferred to the buyer's name.
Thank you very much to all the Advocates for your guidance. In continuation to my above stated problem, the followings are the recent developments. Yesterday (09/03/2017), I received the phone call from the Chairman & he has informed me that, 1) The committee members had held urgent meeting on 09/03/2017 & passed the resolution to collect Rs. 25,000=00 as Transfer charges even in case of transfer to the nominee / legal heir, in case of death of the member. 2) The Share certificate will be on my father's name & will be kept under their custody. It will neither be transferred to my mother's name nor it be handed over to me until I pay Rs. 25,000=00. Sir, I want to know that 1) Can the committee pass such resolution which contraindicate the Maharashtra co.op. housing soc. act under the new bye law 2013, 38.e.(9), ? 2) Can committee keep member's share certificate in their custody forcefully ? ( It is essential to say that we do not have any financial liabilities on that premises). Sir I have explained them that under the new bye law 2013, 38.e.(9), my case is exempted. In reply to that they advised me to approach the COURT. PLEASE GUIDE ME.
Society cannot pass resolution in contravention of bye laws
2) MC cannot keep share certificates in their custody
3) issue legal notice to society to transfer flat in your name
4) in alternative complain to day registrar against society