• Transfer charges towards society

My housing society is demanding Rs.25000 as transfer charges from me. I registered a month later after the society had formed in my complex. My purchase of the said flat was from builder directly. Do I need to pay the above mentioned sum to the society, me being the first owner of the property ?
Asked 5 years ago in Property Law
Religion: Christian

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10 Answers

On society formation builder becomes member of society fir unsold flats

2) builder had sold unsold flat to you society can levy transfer charges of Rs 25000

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

Transfer Charges should be capped under 10000/- only. In 2014, the Punjab and Haryana High Court passed a judgment based on the Delhi High Court’s 2009 order to stop this practice immediately and all the Cooperative house building, group housing and maintenance societies etc. shall not charge more than 10000/- as the transfer fee.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you need to pay as these charges are applicable based on the bye laws as adopted by the owner members for the maintenance of the society and every one has to follow and pay the transfer charges as applicable.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Yes the society based on bylaws can after its formation can ask for transfer charges upto an amount of 25000/- in maharastra so yes you need to pay same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You need only pay those amounts which were mentioned in the sale agreement.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

Dear Client,

When it is first sale directly from builder than where`s the question of transfer of ownership came ? Decline the demand straight away or complain to registrar of society.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

Yes. You are liable to pay maximum rs. 25,000 as transfer fee to society as per MCT Act.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

1. you are first owner

2. hence there is no transfer of ownership

3. society's demand of transfer fee from you is thus illegal

Yusuf Rampurawala
Advocate, Mumbai
7510 Answers
79 Consultations

5.0 on 5.0

1. IF there was no name recorded as a member, for your Flat number, before your purchase from the builder, ONLY THEN it will mean that you are the First-Owner and then only not liable to pay the 25000/- Share Transfer Premium.

2. HOWEVER IF the builder had recorded some name (investors) against the Flat number, at the time of registration of Society, THEN now you will become the second owner on society records and will be liable to pay the 25000/- Share Transfer Premium.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The society cannot demand transfer charges from you, it has to get from the builder alone.

You may refuse to pay the huge amount.

They can drag you to cooperative court or even may not cooperate with you in future.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

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