Transfer of office flat- by vertue of gift

Hitesh Shah (Querist) 29 June 2022 This query is : Resolved
1, I AM TRANSFERRING MY OFFICE TO MY WIFE BY WAY OF GIFT DEED.- PROPeRTY IS ALREADY REGISTED WITH GOVT- NOW I M SENDING FOR TRANSFER TO SOCIETY- I WANT TO KNOW- 1, CAN SOCITY REFUSE TO TRANSFER AS OFFICE- AND TELL TO USE AS RESIDENCE- I AM PAYING BMC PROPERTY TAX AS OFFICE PREMISES- which is being collected by socity and paid to the BMC office.
2, is form no.13- required to be filled in- in case of gift. ?
3, what are the charges ,society can ask from me ?

THANKS

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Quick Summary

A user is gifting their registered office flat to their wife via a gift deed and needs to transfer it to the housing society. They are concerned if the society can refuse the transfer, insist it be used as a residence despite paying office property tax, and what forms and fees are involved. Advice suggests consulting the Dy. Registrar of Housing Societies and RERA, as commercial use of residential premises is typically prohibited, and societies may refuse NOCs.

kavksatyanarayana (Expert) 29 June 2022
Did you use the premises as Office or residence? Here paying tax is not the issue if you use the premises as Office, then society cannot object to it. So consult the Dy. Registrar of Housing Societies of your district and RERA. The transfer fee of a flat shall be paid to the society at Rs.2.5% with a maximum of Rs.25,000/-.

SHIRISH PAWAR, 7738990900 (Expert) 30 June 2022
Hello,

If society is refusing to transfer the property in that case you can approach the Registrar of society. Please note that you cannot commercially use the residential premises of the society. Society may not issue NOC for transfer in your case.

P. Venu (Expert) 30 June 2022
What do you mean by "PROPeRTY IS ALREADY REGISTED WITH GOVT- NOW I M SENDING FOR TRANSFER TO SOCIETY"?

Facts, as posted, are vague and disjointed.

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