• Are CIDCO transfer charges applicable to second owner without society formation

I have just recently executed an Agreement for Sale of a Resale apartment on 2nd June 2019 in Kharghar, Navi Mumbai under 12.5% Leasehold Scheme.

It is to be noted that the OC had been received on 10th January 2017 and people residing, however the Builder is yet to form the Society as he still has just a few unsold flats.

As I shall be the intending second owner, I would be grateful to know whether I would be liable to pay CIDCO Transfer Charges later at the time of Society Formation and Conveyance by the Builder, or is it that the said Charges are only applicable to Sale Deeds executed after Society Formation and Conveyance 'irrespective' of Fresh or Resale condition?
Asked 3 years ago in Property Law
Religion: Other

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10 Answers

Transfer charges if  not paid earlier have to be paid in due course of time

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

Hello,

You need to pay the transfer charge after the formation of the society.

Regards

Swarupananda Neogi
Advocate, Kolkata
2938 Answers
6 Consultations

4.7 on 5.0

You have to pay CIDCO transfer charges on purchase of resale flat 

 

transfer charges depend upon carpet area of your flat in square meters 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Until and unless there is a society formed this is the caretaker of the society and you need to pay the transfer charges to the CIDCO so there is no change in the rule if CIDCO is Managing the property CIDCO will have to receive the transfer charges

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1.  By Virtue of the Re-Sale Agreement, you become liable for two components:

a)  Transfer Premium payable to CIDCO (between 25K to 75K). Further for re-sale, builder would have to take NOC from CIDCO, for sale to you.

b)  AFTER Society registration, you will have to pay "Share Transfer Premium" (25K fixed), to the Society, besides the Membership Entrance Fees (100/-) and Membership Transfer Fees (500/-)

2.  HOWEVER, IF the Society is not yet registered, and IF the builder mentions you as "promoter member", in the Society Registration Form, THEN you are not liable to pay "Share Transfer Premium" (25K fixed), to the Society.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hii

 

1. If she willing to give back on mutual consent than it's good. Or else the jwellery given to her cannot be demanded back as that belong to her as a sthri dhan.

2. You can file for the divorce under cruelty and desertion. But before that you send her an legal notice and let her would be better.

All the best 

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

Hello 

 

CIDCO charges are applicable only when the society is formed. Can not be take by you later. 

Refer to the rules here https://cidco.maharashtra.gov.in/pdf/Reserve_Price_of_Land/TRansfer_CHarges_2018-19.pdf

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

If you buy any property , you are liable to pay transfer charges to CIDCO.,when you buy from the builder as a first purchaser,you are not liable for transfer charges.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
32 Consultations

4.5 on 5.0

If you buy any property in Navi Mumbai,you are liable to pay transfer charges to CIDCO.,when you buy from the builder as a first purchaser,you are not liable for transfer charges.

Because all land in Navi Mumbai belongs to CIDCO.They only give land on lease (long lease) and hence they are like a giant landlord.

But if the buyer before you has not paid the transfer charges then you are liable to pay it when you purchase it..sorry but that’s the hard fact.

 

So make sure that you purchase a flat only after checking that the previous owner has paid the CIDCO transfer charges.If you buy from the builder,you don't have to pay transfer charges as it will be applicable after the formation of the society and at the time of conveyance.Sometimes even the banks are not aware of . of these transfer charges,and the builders don’t want to tell you at the time of selling the flat to you as they don’t want any additional expenses to come in the way of their sale

 

.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1459 Consultations

5.0 on 5.0

Dear Client 

You should be liable to pay the CIDCO TRANSFER charges even if you purchased the flat before formation of the society once the society will be formed the property will be registered on first owner name in society and then tranfer to your name due which you should be liable to pay CIDCO transfer charges. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

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