Dear Client,

In the case of adding your wife's name to the Share Certificate following a registered Gift Deed transferring 50% rights of your flat to her, typically, societies do charge a nominal transfer fee. However, since this is a transfer between family members, some societies may waive the fee or charge a reduced amount. According to the model bye-laws of cooperative housing societies in Maharashtra, the maximum transfer fee that can be levied is usually around ₹500, though it can vary based on the specific rules of your society. It is advisable to check with your society's managing committee or refer to the society's bye-laws to get the exact amount and any possible exemptions for transfers within the family.

No transfer charges are leviable when you transfer 50 per cent share in flat to your wife as transfer is within family 

1. Collection of any amount by the Society towards transfer fee is considered illegal as per various  Judgements passed by courts.

2. So, your Society can not charge any fee from you for your transferring 50% share of your apartment to your wife.

The bye-law is very clear in this regard: If the transfer is within the family (defined by the bye-law as including mother, father, brothers, sisters, sons, daughters, sons-in-law, and daughters-in-law), then society CANNOT demand the transfer “fees/premium,” not even as “donation” or under any other pretext.

- In Maharashtra, the Registrar has approved the model bye-laws and every society is governed by such bye-laws. 

- Further, under model bye-laws 38 of the Co-operative Societies Act,, the general body is empowered to levy or fix the transfer fees. 
- Further, in the case of a gift deed, the Transfer Fees is only Rs. 500

- Further , if the transfer is within the family which includes husband , wife , mother, father, brothers, sisters, sons, daughters, sons-in-law, and daughters-in-law, then society cannot demand the transfer fees/premium, not even as donation or under any other pretext.

- Since , you are transferring 50% right to your wife , then you are exempted to pay any transfer fees. 

Complain to registrar against society demand for transfer charges 

you can pay the amount in protest and seek refund of transfer charges paid by you 

you can refuse to pay the same and issue a legal notice asking them to quote the relevant law to pay the transfer fee for transfer of 50% share of property that too to the spouse.

You can make a complaint to the registrar about this and seek his intervention 

1. First of all issue a letter to the Society requesting for NOC for your transfer of 50% share of your property  in favour of your wife.

2. Thereafter collect a letter/reply from the Society and also the copy of the said Resolution and ask the society to inform how much transfer fee you shall have to pay for transferring 50% share of your property in favour of your wife.

2. If they give in writing, file a dispute case before the Registrar of your local Cooperative Societies.

3. It is a sure case to win if you handle it properly.

- Since, the society has passed resolutions , then you can forward the deal after paying the transfer fees. 

Dear Client,

As you have made a registered Gift Deed to transfer 50% rights of your flat to your wife’s self, you should not be liable to pay transfer fees under the Maharashtra Cooperative Societies Act. As per By-law No. 38, transfer fees cannot go beyond ₹25,000 and many societies cannot demand extra charges as ‘voluntary donations.’ Since the society has received legal opinion stating no objection to the transfer, you may wish to refer to relevant legal provisions that prove that the society’s resolution to charge for transfer fees is unlawful. The third step is to make a formal appeal to the managing committee of the society through a legal notice stating the laws under which you want to get a waiver of the fee. If they do not, you can go through the Registrar of Cooperative Societies or the legal avenues available through the Bombay High Court. Collect all documents such as the Gift Deed document, the societies standing rules, and requirements needed for the transfer without charges. In the event that the society makes any unreasonable demands, it is wise to engage an attorney to represent you in the case.

Hope you find this answer beneficial for resolving the dispute.