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Transfer of membership

(Querist) 14 September 2014 This query is : Resolved 
Hi I have purchased a CGHS flat in Dwarka on loan. All my original docs are with bank. Now i wish to transfer the membership in my name however the Society is asking for INR 1 lakh for the same. I cannot afford to pay such huge amount. Following are my queries:

1. Is it legal?
2. How can I get the membership transfer in my name?
3. Is it mandatory to transfer the membership?
4. What could be the repercussions if membership not transferred in my name?

Grateful for your advice.

Regards

Varun
Dr J C Vashista (Expert) 14 September 2014
No, the CGHS has no authority to ask for Rs. 1 lakh for transfer of share in your name from the name of vendor, ask the society to put up the demand in writing. It is just Rs. 610/-.
Apply to the Society for transfer of share certificate in your name on a prescribed application alongwith copy of registered agreement to sell/Power of attorney or Sale deed (if already purchased/sold and registered).
The transfer of share in your name entitles you for voting and other rights/ status of a member, hence it is advisable to get it transferred,otherwise, you are not a member. However, there is no such legal requirement to get the share certificate transferred vis-a-vis membership obtained.
If you feel, you may contact, I am residing in Dwarka and currently President of the Society.
ajay sethi (Expert) 14 September 2014
society cannot refuse to transfer flat in your name . if you have registered sale deed and seller has paid transfer charges society should transfer share certificates in your name . complain to Dy registrar against the society
Varun Gupta (Querist) 14 September 2014
Can I directly submit my application for transfer of share certificate with RCS?

Rajendra K Goyal (Expert) 14 September 2014
You should submit to society, consult expert Dr J C Vashista for guidance.
ADV-JEEVAN PATIL, MUMBAI (Expert) 14 September 2014
Soc cannot ask such exorbitant amount for transfer. U only have to pay transfer of Rs.500 +entrance fee Rs 100 + maximum Rs. 25000 as premium but not t more. If SOC do not transfer write to registrar.If from Mumbai contact 9869400938. jeevansci@yahoo.com. ur query is absolute ly correct.
ADV. JEEVAN PATIL
MUMBAI
Raj Kumar Makkad (Expert) 16 September 2014
I do agree with the experts hence no more to add.
T. Kalaiselvan, Advocate (Expert) 20 September 2014
Adv. Mr. Jeevan Patil has given a clear and correct picture to your query. Since expert Dr. Vashista is from that place itself, you may take his assistance for solving the issue.
Varun Gupta (Querist) 20 September 2014
Thanks Mr Kalaiselvan. I have spoken to Dr Vashista.


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