Transfer to family members does not attract society transfer fee
Registration of gifted property
My mother has gifted me a flat in a co-op HSG society. The gift deed is registered in Mumbai. Flat is also in mumbai. Do I need to pay the society the 25000 transfer fees.
Asked 7 years ago in Property Law
Religion: Hindu
13 Answers
Yes, you have to pay 25k as per rules.
Never pay more than Rs.25000/- as transfer premium since Maharashtra Govt . has put a cap to it and this amount is for BMC areas like Mumbai and Navi Mumbai, in non BMC Metroplolitan areas it is less.
No transfer charges are leviable in case of transfer of flat between family members in Maharashtra
Yes the society can impose transfer fee on tranfer of share certificate and update you as member.
If she is alive file for nomination. If you are already nominee then no Payment of charges.
No this is not obvious as 25000/- is a good amount and no society charges for name change and all
It is not mandatory to pay
As you are now owner and has the right to transfer
The transfer has nothing to with the registration charges.
The transfer fee is to be paid as per bye laws of society.
Dear Cleint,
Transfer fees is levy if transfer of ownership by sale not gift. Here no consideration involved. Not payable.
1. In Maharashtra, the Society's "Share Transfer Premium" is totally exempted for Family members under model bye-law no. 2(xxv), for membership transfers between Family members. Hence the society has to transfer the membership without any such charges. IF the Society creates a problem, THEN file complaint before the local ward coop. registrar.
Keep Smiling .... Hemant Agarwal
A question for advocate Hemant Agrawal. I checked under 2 (xxv) it only says that who is a family. But under what section in bye laws it says it's exempt. Pl give the clause no. So I can give it to the society with proof.
Asked 7 years ago
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.
If you are confident that the transfer of property by registered gift deed within the family members are not affected by the transfer fee as per the bye laws, you may fight with the association and also can drag them to consumer forum to get your grievances redressed.
Dear Sir,
You may please contact local lawyers are study deeply the concerned bye laws and if any doubt arise approach the Deputy Registrar of the concerned department who will be the ready reference on such topics.
Refer Model bye law no. 38, for your requirements.