Mrs. Ranjan lukka received gift deed from his brother ( bhanujyoti soct. malad) . Mrs. R lukka submit gift deed in 1993 and request to transfer said flat on her name . soct. demand 6000/- as transfer fees. party paid after some times with penalty. Now Mrs. Ranjan lukka son goes in litigation of same against soct. Cause as per today rules No transfer charges on Gift deed and soct. follow same. Today Mrs. lukka not paying maintainance from last 4 bills. and demand to refund gift deed transfer charges taken by soct. in 1993 refund with intrest. what can i do? and How i resolve it? pls. help me and suggest as per rules. For:- bhanujyoti co-op. hsg. soct. prakash mistry. secretary.
Hello,
The claim is barred by limitation.
The limitation for raising such dispute is 3 year and the charges at that time were taken as per the prevalent rules of that time.
The present rule shall not apply on past transaction.
Also, you may make her the defaulted for non- payment of the maintenance charges.
Regards
1) issue her legal notice to pay society maintenance charges
2) if she refuses pass resolution in MC to take recovery proceedings against the defaulter under section 101 of Maharashtra cooperative societies act
3) claim of member for recovery of transfer charges is barred by limitation
Is Mrs Ranjan Lukka alive?
Any challenge to demand of transfer fee should have been made within limitation period
Maximum limitation period is 3 years from the date of demand
If litigation is filed now then it is clearly barred by limitation
Raise this preliminary issue and get the suit dismissed being barred by limitation
By virtue of bye laws 38(e) (ix) the society has every right to collect transfer premium but only on sale transactions . Sinec the transfer is within family member as per bye laws definition society is wrong.
Now.. the society transfer charges was paid in the year 1993. The claim is being made now. The defence that can be raised by the society is that the erstwhile office bearers of the society were responsible .. who are no more now..
Further the claim is barred by limitation. The aggreived person ought to have challenged it within three years from the date of making payment to the society .
Dispute being raise by the son after a span of 25 years is too belated to raise their claim.
Nobody can calim ignornace of princilesbof bye laws saying that they were not aware earlier or bye laws ... As the saying goes ..ignorance of law is not an excuse ..
Since pyement of maintenance xahrges is not being done... Lay your claim ...issue a reminder and file application before Dy registrar or co operative societies
Sir when was the case for recovery was filed by Mrs. Lukka as if it was filed after 3 years paying such amount her claim is barred by limitation further you can issue her a notice for the maintenance along applicable interest if she fails to pay same you can file a recovery suit before the Civil Court.
The society would be wrong in demanding any transfer premium as the issue of premium arises only in case of sale transaction where "consideration" is involved. In your case there is no question of sale of flat to a third party as brother is a holder / owner of the flat and he has relinquished hus rights in sister favour by executing a gift deed in sister favor i.e. Mrs. Ranjan lukka. By virtue of Bye-laws 38(e) (ix), the society has every right to collect transfer premium but only on sale transactions within the limits as prescribed under the circular, issued by the Department of Co-operation from time to time. Such transfer premium even in the case of sale transaction is not applicable in case of transfers of shares and interest in the capital of the society if done within the members of the family.
Transfer charges were arbitrary and shall be adjusted towards present due maintenance amount.
Calculate - 6000 s + interest .
https://accommodationtimes.com/transfer-fees-is-just-2-5-of-difference-2/
The claim for refund is very badly barred by limitation even if she is eligible for claiming it.
If she is not paying the society maintenance bills, you may initiate proper legal action against her as per the bye laws of the society.
You can ask her to approach court of law for claiming refund of the transfer amount.
