You need to check whether the builder was admitted as a society member in respect of unsold flats 

If that was the case then the builder being a society member, when he sells the flat to a purchaser, transfer fee to the society becomes applicable 

You are not liable to pay any transfer fees in respect of flat purchased from builder 

complain to registrar against society 

Complain to registrar against society charging you transfer fees

These things should be specifically stated in the contract which is signed between you and your builder. Everything wrt charges while enjoying the property and at the time of leaving.

You should send a legal notice for creating hurdles and asking for money.

Yes you can and i think you definitely should.

A transfer fee is applicable only at transfer of property not at first sale by builder. Demand of society for transfer is illegal. Even the builder is not liable to pay any transfer fee as it is the first sale.

Any such resolution is not enforceable and invalid. You can challenge the same in court.

Actually, after registration of society builder is also normal flat owner.

Here in your case it's society and builder's duty to tell you that transfer fees need to by paid by new buyer. So, you could have approached builder and ask to pay 12.5k each. As per law and rules of MCS it's maximum 25k or sale agreement 2% which ever is more.

You can ask builder to pay full amount or 50% how your financial status permit.

You can put all blame on society and builder and deny to pay. 

You can make complaint against them.in sub-registrar office of Co-operative society.

Dear Sir/Madam,

There is no legal basis on which a builder can levy transfer charges on the apartment owner. You may file a case under the following provisions;

1. It violates the Transfer of Property Act, 1882; which states that ‘a transfer of property, passes forthwith to the transferee, all the interest which the transferor is then capable of passing in the property and in the legal incidents thereof’. According to the Act, the owner alone holds the full right to property and the builder has no right, title or interest over the property post registration of the property in the name of the owner.

2. It violates the Indian Contract Act, 1872. It is an extra contractual demand made by the builder on the buyer, which infringes the buyer’s ownership rights.

3. It cannot be equated with the cooperative society’s share transfer fee. A cooperative housing society is the legal owner of the building and the plot of land and the buyer is only a share holder. A builder has no rights over the ownership of the buyer’s property and hence if the buyer wants to sell the property off to a third party, then no payment can be demanded on the part of the builder.

4. As per the complaints coming from metros like Mumbai, many builders argue that they are working on behalf of the cooperative housing society (CHS) to be formed in the future, but in reality they obstruct the formation of CHS so that they can continue to collect the transfer fee.

5. The builders threaten that upon non-payment of transfer charges, the buyer would not be able to sell off the flat. This is a punishable offense under Section 384 and 385 of Indian Penal Code (IPC).

6. The undue influence exerted by the builder is prohibited by Competition Act, 2007. Imposition of unlawful transfer fees by builders is deemed ‘abuse of dominant position’ as defined under section 4 of the Act.

Thank you,

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A cooperative housing society is the legal owner of the building and the plot of land and the buyer is only a share holder. 

Cooperative housing societies levy transfer charges and transfer premiums according to the bylaws. The transfer fee charged by the society has a legal basis as in an existing cooperative society, the owner of the flat only holds a share in the society and enjoys the right to occupy the particular flat that he owns. The transfer fee amount is decided by the members of the general body of the society.

However, it should be mentioned that a payment of more than Rs 25,000 to the society would make the agreement between the society and the buyer null and void as it would amount to unlawful consideration under Section 23 of Indian Contract Act.

You are at your liberty to initiate legal action against the society or the the builder for this transfer fee.

however before resorting to any legal steps you may understand the underlying law in this regard.

Cooperative housing societies levy transfer charges and transfer premiums according to the bylaws. The transfer fee charged by the society has a legal basis as in an existing cooperative society, the owner of the flat only holds a share in the society and enjoys the right to occupy the particular flat that he owns. The transfer fee amount is decided by the members of the general body of the society.

-   It is clear that this was not mentioned in contract/agreement signed by you.

Society also issued NOC.

It is builder responsibility to clear all dues of society until and unless it is specifically mentioned in agreement.

You check if your agreement mentioned who will bear society charges for transfer of flat.

Society had to collect this fees from builder to issue NOC or mention the same in NOC as due.

Without knowing the charge, new buyer will not know these charges.

-   You can refuse to pay and send a legal notice through lawyer to both society and builder.

You can also send complaint to registrar.