On society formation builder becomes member of society fir unsold flats
2) builder had sold unsold flat to you society can levy transfer charges of Rs 25000
Transfer charges towards society
My housing society is demanding Rs.25000 as transfer charges from me. I registered a month later after the society had formed in my complex. My purchase of the said flat was from builder directly. Do I need to pay the above mentioned sum to the society, me being the first owner of the property ?
Asked 6 years ago in Property Law
Religion: Christian
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
10 Answers
Transfer Charges should be capped under 10000/- only. In 2014, the Punjab and Haryana High Court passed a judgment based on the Delhi High Court’s 2009 order to stop this practice immediately and all the Cooperative house building, group housing and maintenance societies etc. shall not charge more than 10000/- as the transfer fee.
Yes you need to pay as these charges are applicable based on the bye laws as adopted by the owner members for the maintenance of the society and every one has to follow and pay the transfer charges as applicable.
Yes the society based on bylaws can after its formation can ask for transfer charges upto an amount of 25000/- in maharastra so yes you need to pay same.
You need only pay those amounts which were mentioned in the sale agreement.
Dear Client,
When it is first sale directly from builder than where`s the question of transfer of ownership came ? Decline the demand straight away or complain to registrar of society.
Yes. You are liable to pay maximum rs. 25,000 as transfer fee to society as per MCT Act.
1. you are first owner
2. hence there is no transfer of ownership
3. society's demand of transfer fee from you is thus illegal
1. IF there was no name recorded as a member, for your Flat number, before your purchase from the builder, ONLY THEN it will mean that you are the First-Owner and then only not liable to pay the 25000/- Share Transfer Premium.
2. HOWEVER IF the builder had recorded some name (investors) against the Flat number, at the time of registration of Society, THEN now you will become the second owner on society records and will be liable to pay the 25000/- Share Transfer Premium.
Keep Smiling .... Hemant Agarwal
The society cannot demand transfer charges from you, it has to get from the builder alone.
You may refuse to pay the huge amount.
They can drag you to cooperative court or even may not cooperate with you in future.
