• Conveyance charges asked by builder

Hi,
I am based in Kharghar,Navi Mumbai.
Our building has recently got OC and society is yet to form. The builder is asking for additional 100000/- (approx ) per flat  (for a 2 BHK 1040 sq feet) on the name of conveyance charges for cidc. The builder has already taken development charges from us. What should be our course of action ?  How much is the conveyance charge of Cidco?
Asked 2 years ago in Property Law from Navi Mumbai, Maharashtra
1) what are the clauses in your agreement regarding conveyance charges? 

2) you can request the builder the basis on which sum of Rs 1 lakh per flat is being demanded . 

3) you can file RTI application with CIDCO to find what would be the conveyance charges payable on your building  for execution of deed of conveyance
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
1. It appears that the alleged demand for conveyance charge is purely unreasonable, more son when you have already made some payment on that account.
2. In that context you are no loner liable for making such payment and hence entitled to refuse such demand.
3. if the builder is unrelenting then you can opt for going to consumer forum especially when the matter is not resolved amicably.
Devajyoti Barman
Advocate, Kolkata
5232 Answers
54 Consultations
4.9 on 5.0
1. Yes, you shall have to bear the conveyance charges,

2. To ascertain the amount to be paid for registering your property, visit local Registration office,

3. Registration office is the best place to get the required information.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
Hi,
 Transfer charges has to be paid to cidco as per the current rate
Always a purchaser has to  purchase a flat only after checking that the previous owner has paid the CIDCO transfer charges.If you buy from the builder,you don’t have to pay transfer charges as it will be applicable after the formation of the society and at the time of conveyance.Since the builder is demanding the charges at the time of formation of the society you need to find about the amount each flat owner has to pay based on the 
 on the carpet area (not built up area) of the flat.
In fact it almost comes more than one lakh in your case as it is  500sq metrs to 2000 sq metrs - charges are Rs. 1,69,037 in karhghar
For property above 100 sq.mtrs. the applicant should submit the required documents to Asst.Estate Officer, CIDCO Bhavan, CBD Belapur. This rate changes from time to time. 
the best you can do is go to the office  and make enquiry of the current rate and if the builder is asking more do not pay. also find out in the cido office, whether these charges are to be paid or the previous owner/ builder has paid it. or else file an RTI
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi,
 yes you have to pay transfer charges to cidco to obtain NOC.Cidco charges are as per the area and as per the locality , the residential and commercial areas. As kharghar comes in the developed nodes it is more charges and exact rates are displayed in the cidco website. it is chargeable on the basis of carpet area. So you will have to pay according to the area.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
for finding conveyance deed charges for Karghar it is advisable to visit cidco  office in this regard . it would  depend upon carpet area of your flat , area of the plot etc


transfer charges for plots allotted for residential purposes vary from Rs 30,613 for 40 square meters plot to Rs 3,36,743 for 2001 square meters plot and above in developed nodes of new Mumbai namely Vashi , Kharghar , Panvel etc
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
It depend on the square feet of plinth area and carpet  areas market value features  locality etc. Fist you must pay and obtain NOV from cisco . You must measure it and see the charges in their site
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
A. As per the agreement clause you are liable to pay the conveyance charges. You  have to pay transfer charges to CIDCO and Stamp duty and registration charges on the conveyance deed.

B. The builder has to start the conveyance process within 4 months from the date of the society formed,

C. You can visit CIDCO office for additional information with respect to conveyance charges and others.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
You can file a petition under right to information act and find out if any is pending.if you have paid Cisco charges then you need not pay any other charges. If you find that the same asked by the builder is unreasonable then issue a legal notice in the consumer court and claim damages
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1) you are buying flat from builder . 

2) if you buy from builder no transfer charges are payable . the transfer charges are payable after formation of society and at time of conveyance 

3) the transfer charges depend upon carpet area of flat and keep on changing from time to time 
4) the transfer charges imposed by CIDCO are for transfer of apartment  , enrollment of additional members ,  in plots  wherein lease is given by CIDCO ,

5)  if cooperative society is formed transfer charges are payable for transfer of shares from existing member to new member or for admission of new member before OC is granted . maximum amount payable is Rs 5000
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
conveyance charges are  levied  for transfer of land on which building has been constructed
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
1. Transfer charges are levied by CIDCO for transferring the flats in different names after the society is formed & it is nominal,

2. How much transfer charges have your paid?

3. Conveyance charge is the charge for conveying the Title of the land upon which your said flats have been constructed by the builder.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
I agree with Mr. Ajay Sethi
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
1) you are entitled to ask for break up of conveyance charges demanded by the builder . the fact that builder is refusing to give a detailed break up is  fishy . 

2) if all members have paid stamp duty for flats for conveyance additional amount demanded for conveyance by CIDCO would be nominal . stamp duty is biggest component in conveyance . 

3) i had advised you to file RTi application with CIDCo to find out what would be the conveyance charges for your building . 

4) a personal visit to CIDCo office  is advisable . catch hold of some CIDCO employee who is recently retired and acting as a consultant . 

5) you can pay amount under protest . take possession f of flat . then move consumer forum against the builder for deficiency in service
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
It is better for all of you to move a writ petition or PIL to high court against the same as you have told it is already paid.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. Send a legal notice to the builder asking for the break up of the amount he is asking towards conveyance charges within 15 days and arrange for the registration by collecting actual amount,

2. Visit CIDCO and meet its officials to know the exact amount to be paid in this regard,

3. File a complaint case before the local District Consumer Dispute redressal Forum alleging deficiency in service and unfair business practice demanding break up of the charges demanded by him, immediate registration at actual cost, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0

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