Payment of donation & transfer fee applicable in mumbai while selling/purchasing a flat
Prathamesh
(Querist) 31 July 2016
This query is : Resolved
Hi,
Hope you are doing well.
I have a query related to transfer fees and donation paid to the society while transferring the ownership of flat.
Can you please help me to solve the below questions;
1. Maximum amount of transfer fee; a society can charge (I know its Rs.25,000 maximum)? Also, any benefit applicable when both the parties are member of the same society?
"As per the latest Housing society manual; Transfer premium is not necessary for deceased member, mutual transfer among two members of the society or transfer among family members."
2. Maximum amount of Donation; a society can charge? Can you please give any reference?
As i have checked latest Bye Laws/Housing Societies manual but both of these documents doesn't address this question.
As per the bye laws;
"payment of amount of premium at the rate to be fixed by the General
Body Meeting but within the limits as prescribed under the circular,
issued by the Department of Co-operation / Government of
Maharashtra, from time to time. No additional amount towards donation
or contribution to any other funds or under any other pretext shall be
recovered from transferor or transferee."
Any latest circular with reference to above issued by the Department of Co-operation / Government of
Maharashtra?
Kindly answer both of these queries to the best of knowledge.
Thanks a lot!!!!! your help on this is much appreciated!!!
Kumar Doab
(Expert) 31 July 2016
You have quoted the extract from Bye Laws.
If there is no latest circular then last should prevail.
adv.bharat @ PUNE
(Expert) 31 July 2016
You have done much more research on the society bye law.
as per latest circular no need to pay transfer fee to society if both are member of same society.
Kumar Doab
(Expert) 31 July 2016
Mr. Bharat has provided the input for you.
Prathamesh
(Querist) 01 August 2016
Thanks a lot for everyone response!!!!!
I have downloaded both society bye laws and housing manual from govt of maharashtra website.. and i suppose these are the latest one...
Also, is there any reference regarding donation (which is the amount charged by the society other than transfer fee)? Is there any maximum limit or amount decided in the general body meeting of the society?
Kindly let me know if you have knowledge regarding the above requested point? If possible support your ans with Act..
Thanks a lot...
Kishor Mehta
(Expert) 01 August 2016
Sir,
[1] The maximum amount of transfer fee is Rs.25000/-, no payment, under any pretext, either from the outgoing or incoming member is legal.
[2] There is no transfer fee if the flats of the members of a society are MUTUALLY TRANSFERRED. This does not apply if flat of one of the members is sold to another.
[3] There is no transfer fee if the flat is gifted to a family member.
[4] Other fee applicable is membership fee of Rs.100/- for the flat that is sold.
Good Luck,
Kishor Mehta
Kumar Doab
(Expert) 01 August 2016
Mr. Kishor Mehta has illustrated.
You have downloaded the docs.
Checkmate the demand of society.
Prathamesh
(Querist) 01 August 2016
Thanks a lot experts... now we can close this query.
