• Transfer fees

Hi,

I bought a 1 BHK flat from the builder and my Agreement date was 20 Feb 2017. The Society was registered on 6th Feb 2017.

Now the society has started issuing Share certificate to all bonafide members and are charging Transfer Fees of Rs. 25000/- to all members who have purchased the flat after the Society was registered.

My question is - me being the first owner, do i need to pay Transfer fees in the first place?

Thanks in advance,
Sumish
Asked 3 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

See the society can charge the transfer fee from you for transfer from.builder to you if same was done after society formation. As legally builder is first owner.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

No being first owner there is no transfer fees.  It's only paid by second owner

Prashant Nayak
Advocate, Mumbai
12901 Answers
23 Consultations

4.6 on 5.0

You don’t have to pay transfer fees as you have not purchased flat on resale basis . You have purchased it directly from builder 

Ajay Sethi
Advocate, Mumbai
66959 Answers
4043 Consultations

5.0 on 5.0

This is a very common practice in most of the societies and the same is done taking advantage of the grey area of the cooperative society act.

It is true that the society can chare an amount while issuing certificates for the frist time or subsequently to meet its administrative costs but the same can not be an amout to nerich its coffer at the csot of flat owners.

So this amoubt getting charged is quite hefty and non sustainable.

So you can lodge a complicit with the Registrar of the society by refusing to pay this money. 

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

1.  Since you purchased the Flat directly from the builder (it is not a re-sale flat), THEN the Society CANNOT demand "share transfer premium 25000/-" from you.

2.  However for the above the builder has to officially write a letter to the Society that he has sold the Flat from his "unsold flats" and that you may be admitted as member of society,

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

Society cannot charge Transfer fees as you purchased the property from the builder and there is no resale of the said property. Ask the builder to give a written intimation to the society to include your name in the list of members of the society. If society does not comply then lodge a copy of the letter with the Assistant Registrar of Cooperative Societies that you have purchased the flat from the builder and to include your name in the list of members when the society/condominium was being formed. A certified true copy of the registered agreement may be enclosed with the letter as evidence of purchase and title. 

Note: Cooperative housing societies levy transfer charges and transfer premiums according to the bylaws. 

Robert D Rozario
Advocate, Kolkata
24 Answers

5.0 on 5.0

Max. 25k trasfer charges are liable where flat is purchase from existing flat owner/member of society. Direct first purchase from builder - trasfer of share certificate/ownership never happened. No trasfer charges application in your case.

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

don't pay transfer fee,  you have purchase flat from builder not from reseller. 

Mohammed Mujeeb
Advocate, Hyderabad
10241 Answers
3 Consultations

4.5 on 5.0

The transfer fee is common and mandatory for all the members.

You may have to pay the said fees and get your name registered as a member of the association to get the share certificate to your name

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that they have been asking for the fees to the members who bought the flat after the registration of the society.
  2. So, by going through this you can say that you are not suppose to pay the same.
  3. And if in future they force you to pay then remind them their own rule as well as no presence of any such clause in the agreement also.
  4. And if needed then please approach the court of law to get the justice.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

Yes you need to pay the transfer fees to society for issuance of share certificate.

Mohit Kapoor
Advocate, Rohtak
3562 Answers
1 Consultation

5.0 on 5.0

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