• Exorbitant transfer fee charged by builder

We bought a 2bhk about a 1.5 years back. The property rates have not gone up much since then & we decided to move as didn't quite like the area much. Now the builder is asking for Rs. 300 psf which comes to almost 3lacs. I feel this is outrageous coz we are not even able to recover the basic flat cost, leave alone the stamp duty registration charges. so we are going in a huge loss as it is & the builder wants us to pay him the transfer fee. What are my options here and how soon will I be able to win this? I really cant afford to wait for years for a legal decision. Please help.
Asked 3 years ago in Property Law from Vasai, Maharashtra
Religion: Hindu
1) wait for formation of the society then sell your flat 

2) society cannot charge more than rs 25000 as transfer charges 

3? if builder is not forming society inspite of sale of flats issue legal notice to builder to form society 

4) if builder fails to do so them move consumer forum agains builder to direct him to form society 

5) builders seek to loot the hapless flat owners as till society is formed you need his consent for transfer of flats In name 
of purchaser 

6) builder Wont give NOC till he gets his transfe charges which are exhorbitant 
Ajay Sethi
Advocate, Mumbai
46714 Answers
2763 Consultations

5.0 on 5.0

transfer fee is determined by the builder in the agreement of sale which has been signed between you and the builder, if the rate has been fixed at Rs.300/- in that agreement, then you are liable to pay it, if the transfer fee is not fixed and is to be fixed only at the time of actual transfer, then you can dispute this as being very high, other wise you have no option but to concede to the demands of the builder.
Kiran N. Murthy
Advocate, Bangalore
1014 Answers
91 Consultations

5.0 on 5.0

1. Is there any mention in the agreement for sale signed by you and the builder as to how the transfer of allotment will be effected and conducted in the event the 1st allottee  decides to transfer his allotment  to a third party?

2. If not, you can  you can file a complaint case against the builder before local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming immediate transfer of allotment in the name of your selected party, damage and cost,

3. Consumer Forum takes shortest time to dispose of cases and attracts  cheapest legal expenses.
Krishna Kishore Ganguly
Advocate, Kolkata
18749 Answers
453 Consultations

5.0 on 5.0

What are the rights you wish to assert against the builder? If you own the house you are at liberty to sell it to anyone you desire. The prospective buyer cannot be forced to purchase or redevelop the property at a price desired by the seller. Unless there is a clause in the sale deed which restricts altogether or regulates the right of the builder to purchase back the property at the price desired by him you cannot assert any legal right against him.
Ashish Davessar
Advocate, Jaipur
23120 Answers
640 Consultations

5.0 on 5.0

If you dont have patience you will stand on the losing side only,  you cannot say that the builder is charging exorbitantly, your option here is that you can issue a legal notice to him stating that he cannot charge the exorbitant charges for the purpose and that you may approach a consumer forum against him for the deficiency of services. 
But if you have started litigation,you have no other option than to wait for the legal process to be completed. 
T Kalaiselvan
Advocate, Vellore
36864 Answers
403 Consultations

5.0 on 5.0

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