Transfer fees on sale of apartment

Uday Godbole (Querist) 23 December 2024 This query is : Resolved
Can we charge transfer fees when the apartment is sold? It is not a co-op society but an apartment. We don't know much about apartment by-laws. We know registered society can charge transfer fees but ours is not registered co-op society but registered apartment

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This discussion explores whether transfer fees can be charged when selling an apartment, distinguishing it from a co-op society. The consensus is that charging such fees depends entirely on the apartment's registered bylaws and the rules established by the resident welfare association or apartment owners' association. If the bylaws permit it, fees may be chargeable; otherwise, they cannot be levied. The enforceability of bylaws is also dependent on the apartment being legally registered.

T. Kalaiselvan, Advocate (Expert) 23 December 2024
You will be having a resident welfare association with bylaws, you may visit the bylaws in this regard or enquire from the secretary/treasurer about it and proceed, this is a practical situation which canot be solved by people sitting at remote places.

kavksatyanarayana (Expert) 24 December 2024
I think your apartment members formed an association called " Apartment Flat Owners' Association" and if the rules of the bylaws are permitted you can charge the transfer fee, otherwise, you cannot.

Dr. J C Vashista (Expert) 25 December 2024
There is no such provision to charge any amount on account of transfer of ownership either in Cooperative Society /RWA and/or any apartments association.

P. Venu (Expert) 03 January 2025
In the absence of the Apartment being registered under the law as applicable, the byelaws of have no force of law.

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