• Transfer fee resolution

Sir,
I have bought bungalow with registered sale deed on 30 Jul 2018 and at that time transfer fee was 25,000 without any donation. Society members had done some legal action on existing chairman as he was not transferring administration to society member since 20+ years. So Chairman has refused out share certificate name transfer request and didn't accept our application. Meanwhile soc member go to registrar and get administrative rights for this soc and appointed new chairman and secretary on March 25th 2019 with making resolution that name transfer fee would be 50,000 and donation is 1.5 lac. Now as my sale deed is of last year , do I need to obey this new resolution specially for donation of 1.5 lac. 
Meanwhile in Oct 2018 when society had to have new bore members have collected 30,000 rs from me same like other members
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

Transfer fees cannot be more than 25k and your application for transfer is pending from one year. And donation if any will levy on fresh owner and transfer application.

Further donation cannot be demand as a matter of right but voluntarily by owner. Both rules will easily quash by court.

You will pay max 25k for transfer of SC and no donation payable.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22643 Answers
31 Consultations

4.4 on 5.0

You can refuse to pay the exorbitant amount charged by the society now especially when there's no resolution passed in a meeting to hike the charges. 

You can take up the matter before registrar of cooperative society and if you don't get any solution from them then you can approach cooperative court for relief and remedy. 

T Kalaiselvan
Advocate, Vellore
84948 Answers
2198 Consultations

5.0 on 5.0

SC is not a title document but sale deed is. Your ownership is intact. SC provides you membership and right to vote and contest society election only.

Keep your case that your application pending from last one year and might old chairmen misplaced it. Insist on back date SC. Or present date but with old fees.


Bombay HC judgment that transfer fees cannot be more than 25k

Yogendra Singh Rajawat
Advocate, Jaipur
22643 Answers
31 Consultations

4.4 on 5.0

You are concerned about the newly introduced donation and hike in the transfer fee. 

You may submit the application afresh with a covering letter stating that you purchased the property long back and the then chairman refused to receive your application for the reasons known to him hence you are resubmitting your application now to the new chairman with a request to consider your application on the basis of rules that were prevailing at the time of purchase of this property by you. 

If your request is not accepted then you may take legal recourse as suggested earlier. 

T Kalaiselvan
Advocate, Vellore
84948 Answers
2198 Consultations

5.0 on 5.0

You need to pay the applicable transfer fee as per the bye laws of the co-operative societies and the Act. You don't have to obey chairman rules but the actual one. You can file complaint to dy registrar for the same

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

You would be liable to pay transfer charges as applicable on date of application . 

further society cannot levy any charges not provided in bye laws 

 

you would not be liable to pay donation of Rs 1.50 lakhs 

Ajay Sethi
Advocate, Mumbai
94750 Answers
7540 Consultations

5.0 on 5.0

Society can charges you maximum Rs 50000 as allowed by govt 

 

for instance in Maharashtra maximum transfer charges is Rs 25000 only

 

no donation is payable . Complain to registrar against society demanding donation 

Ajay Sethi
Advocate, Mumbai
94750 Answers
7540 Consultations

5.0 on 5.0

Dear Sir,

As per your input, you have paid Rs. 55000/- as transfer fee. However, there is change of members, but your application is required to be dealt as per old one because you are not responsible for any default or fault of the society management. if you feel that any undue harassment is done to you, please write the complaint to registrar of society. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. You are not bound to pay the donation but transfer fee may be paid.

2. You should consult a local lawyer as local laws come into picture here,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

It has been settled by supreme court in many decisions tgat whike name transfer no society can enrich itself exacting hefty amount on this account.  It is authorized to collect only a reasonable amount towards administrative costs. 

So irrespective of the time line this amount under no circumstances is payable and hence you can raise dispute by lodging complaint with the Registrar of the Society.  Till the end of adjudication don't pay. 

Devajyoti Barman
Advocate, Kolkata
22830 Answers
488 Consultations

5.0 on 5.0

1. IF Transfer Fee (Share Transfer Premium) is earlier fixed at 25000/- (as per Govt. directives), THEN any further resolution for extra Transfer Fees and/or Donation, is illegal and infructuous.

2. Your Transaction got completed in 2018, which is before March-2019, which is evident from the Agreement and you are in possession of the property and as well paying the Society Service charges since possession date of 2018. Hence new resolution for extra payment is not payable.

3. IF the Society refuses or harasses further, THEN you have an positive option to file a grievance petition against the Society, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest, for your physical & mental trauma.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hi

No, you are not liable to pay the increased fee amount and the donation. you can file a specific performance suit against the society for getting the required transfer done on your name.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

- As per the Gujarat Government’s circular, a society cannot charge more than Rs 50,000/- as transfer fee.

- Further, as per the Bombay High Court, A Society is not expected to indulge into profiteering business from the members and if such amount is earned, then it is taxable under the law. There is no bar for any member to pay donation to the Society, however, it should be voluntary without any compulsion and coercion. 

- Hence, the Society cannot make any resolution and thereby force its members to pay donations. 

- Maximum you are liable to pay the transfer fee to the tune of Rs.50,000/- and nothing more. 

- You can lodge your complaint with the registrar against the society for passing resolution of Donation , which is illegal demand. 

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

A new resolution cannot be applicable to old transactions which are detrimental to them unless stated specifically in the resolution.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If the papers were not submitted before the new resolution then there might be a problem as you have to show that you did submit the papers. Well, show them the evidence of your efforts.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Transfer charges needs to be paid by you i.e., society can charge the transfer fee. 

You need not pay the donation as demanded @ Rs.1.50 lakhs.

If the Society demands, you can lodge complaint with the Registrar.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

the premium fixed by the society for the transfer of flats, cannot exceed a sum of Rs 25,000..

you may file complaint before registrar. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You have to follow current resolution and pay tranfer charges and donations as per current resolution.

2. This is because your application for transfer certificate was not even acknowledged by previous chairman before this resolution.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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