sanjaj patil (prop) 21 January 2015

Co operative society maharastra transfer fee

i have purchase house in a housing society in sangli maharastra .In year 2007 i purchase house from owner who is member of that housing society. Housing society was formed in year 1988 . in year 2007 society was not active means there is no renewal of director body. in year 2007 i purchase house in registrar office by paying full stamp duty as per ready reckoner (rs 76,000) . That time no one can take objection and i get my name in property card. now in 2015 they are saying that you have to apply for membership of society and make payment of transfer fee RS. 80000/- as per new government circular. what can i do?

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2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 20 February 2015

1. Transfer Fee throughout Maharashtra is never 80,000/-, since this is illegal.

2. Since your Property Card has already been transferred in your name, You can safely ignore the Society demands and further you may declare that you do not want membership of Society. There is no legal compulsion to become a member of any Society.

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 22 May 2015

If it is a co-operative housing society you have to pay for the common services that you receive. If you default on payment for the services, the Society will have a charge on your flat. Hence you have to be admitted as a member of the Society. All those who are owners of flats will have to abide by the bye-laws of the society. Only a member can be asked to follow the bye-laws. Also if and when you want to transfer the flat by sale or otherwise you have to get NOC from the Society and the buyer has to get himself admitted as member. Though admission of the buyer as member is almost mandatory it cannot be automatic. The procedure has to be followed. If you do not have an elected Managing Committee and elections could not be held the Registrar can appoint an administrater. If these things do not happen it will be anarchy and in an anarchy anything can happen.