• Transfer Fees

Hello,

Myself Jigar Vora - [deleted]

I am selling a flat and now society is asking for Transfer fees of 25000/- from each buyer and seller(Me) i.e. Buyer (25000 ) & Seller (25000) in total (25000+25000=50000/-)

I have already paid 25000/- as transfer fees, Kindly guide should we pay more 25000/- to society, I have read Society By laws it only mentions 25000/- maximum transfer fees to be paid
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

Yes in maharastra the maximum transfer fee society can ask is of 25000/- society cannot ask more.then that complaint before the registrar of society if society refuse to transfer or demand more fee.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Society is fleecing you 

 

only seller has to pay transfer charges of Rs 25000 

 

purchaser has not to pay any transfer charges 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You may refer to your society bye law in this respect.

If the bye laws says that the seller and the buyer have to pay the amount then you cannot do anything about it unless this isn't taken up before the next general body meeting and get it modified.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

If Bye-laws says Maximum transfer fees Rs 25000/- Only you pay that amount. 

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

As per the revised rates issued, in case of a transfer or sale of apartment before five years of the society formation, an amount equal to 3% of the transfer fee calculated as per the market rates will be charged. A 5% of the transfer fee will be levied on apartments falling in the post-five years category.

Earlier, an amount equal to two times of the transfer fee in case of the post-five years category and three times in case of the pre-five years category were levied.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Demand is illegal

Do not pay more than 25k

Write a stern and strict letter to society 

There is a latest Bombay HC judgment too which says demanding such amounts above 25k has no sanction of law

 

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

1) Maximum tranafer fee is rs 25000/- or less as per MCS act. And society can't charge from both the party.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. Society is resorting to unjust enrichment by demanding transfer fee from both seller and buyer.

2. Let the buyer refuse to pay the fee and then sue the society in the consumer forum to seek transfer of share certificate and also compensation for mental agony.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

RWA is going Ultra vires as charging of more transfer fee from you.

They cannot charge more than Rs. 25,000/- in total.

 

A complaint can be made to Dy. Registrar against such arbitrary acts.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Hello,

If the bye laws do not have any provision for the same then they can not charge anything beyond the permitted limit. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. ONLY & Total of 25000/- is to be paid as Share Transfer Premium.

2. What the Society is demanding is illegal and a criminal offence.

3. Make a Police FIR against the Chairman /Secretary, for extortion, intimidation, threatening AND also file grievance petition before the ward coop. registrar.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

This is my response to you:

1. The society is illegally asking for more money;

2. If they have a legal base, then request them to show you;

3. If they cannot produce any such evidence then send a legal notice;

4. You can also make your lawyer speak to them and end it;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

not more than 25,000 can be charged, it illegal. One time transfer fees that is 23k. Complain to registrar and police.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

transfer fee beyond Rs. 25000/-, then it is a clear violation of the law as specified in MCS ACT, and such resolutions are illegal and do not have force of law. One can easily approach deputy registrar of cooperative societies and get such laws struck down. If deputy registrar does not act then the matter can be taken to cooperative court

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The charging of transfer of heat is authorised by the residents in AGM society can receive and amount in case of sale and purchase both so both parties will have to pay the amount level for the purpose of transfer of the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

Such evil clauses to be removed by raising objections during annual general body.  Since there is a such clause now you cannot object paying such amount.  Better you take the issue to Deputy Registrar/Secretary of concerned department.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Yes only 25000 to the maximum can be charged and not more then that.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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