• Ragarding transfer fee

My aunt (father's brother's wife) has transferred a property to my father through a gift deed. In this case is there a transfer fee that should be paid to the society? In case of a transfer fee do both parties pay Rs 25,000 each. The property is in Mumbai. Transfer was effected in 2013.
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
Hi, You need not necessarily pay any transfer fee to society.

2. The gift deed must be registered and you have to pay the registration fee other than that you need not pay any other amount.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
147 Consultations
4.3 on 5.0
No, the transfer fees paid to sub registrar office the society may claim only the maintenance charge 
Nadeem Qureshi
Advocate, New Delhi
3701 Answers
140 Consultations
4.9 on 5.0
1) transfer fee has to be paid by sister in law to society on execution of gift deed in favour of your father 

2) total fee is Rs 25000 has to be paid by transferor only 

3) your father does not have to pay any transfer fees 
Ajay Sethi
Advocate, Mumbai
25918 Answers
1412 Consultations
5.0 on 5.0
1.The Society will claim some amount for getting the name changed in its record,

2. This is not as per any Act of law but without receiving the said payment, they will not register the change in their records,

3. Such illegal act of co-operative societies is prevalent all over India.
Krishna Kishore Ganguly
Advocate, Kolkata
13136 Answers
280 Consultations
5.0 on 5.0
Unless there is such clause in bylaws of the society the parties are not liable for such payments.
In many societies no such clause lies. Refer the bylaws.
Devajyoti Barman
Advocate, Kolkata
6394 Answers
71 Consultations
4.9 on 5.0
On transfer of property through a gift deed the stamp duty fixed by the law prevailing in the concerned state is to be paid. The stamp duty, as a source of revenue generation, goes to the state exchequer. No fee is to be paid to the society except for the nominal fee which is to be paid for transfer of share certificate.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
The management of the co-operative society is guided and governed by the Co-operative Societies Act, Rules and bye-laws approved by the Registrar. In Maharashtra, the Registrar has approved the model bye-laws and the society is governed by such bye-laws. Your society is also governed by such model bye-laws. Under model bye-laws 38, the general body is empowered to levy or fix the transfer fees. Sub-rule-9 of the bye-laws 38 deals with such transfer fees and a note below it specifically excludes such a transaction. Therefore, when the transfer is among the family members, the Society cannot charge the transfer fees and will have to transfer the shares without any money consideration.
T Kalaiselvan
Advocate, Vellore
16279 Answers
151 Consultations
5.0 on 5.0

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