Regarding noc for flat transfer in up society

MANOJ KUMAR aGNIHOTRI (Querist) 08 September 2024 This query is : Resolved
I want to transfer my flat in NOIDA Gateway Housing society Sector -51 NOIDA UP to My real brother in blood relation through a gift deed. Society is treating both as seller and buyer and as asking Rs 50000/- from both of us. Please advice what are rules & charges legally in this case.

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This discussion clarifies the rules and charges for transferring a flat via gift deed within a blood relation in a UP housing society. While societies may charge transfer fees, the legal cap in Uttar Pradesh is Rs 25,000, or 2.5% of the flat's value, typically paid by the buyer. Importantly, transfers within the immediate family are often exempt from these fees according to society by-laws and UP regulations. If a society demands excessive charges, you can legally refuse and issue a notice.

T. Kalaiselvan, Advocate (Expert) 08 September 2024
The rules governing transfer fees for transferring a flat in a housing society in Uttar Pradesh include:
The maximum transfer fee is Rs 25,000, but it can also be a percentage of the flat's sale price.
The buyer typically pays the transfer fee.
Societies may calculate the fee based on the difference between the book value and the purchase price, usually set at 2.5%
The cooperative housing society's by-laws determine the rules for society transfer charges, but they cannot exceed the legal cap set by local government regulations.
Transfers within the family, as defined in the by-laws, are exempt from transfer fees.

kavksatyanarayana (Expert) 08 September 2024
Yes. The transfer charges are at 2.5% a maximum of Rs.25,000/-

MANOJ KUMAR aGNIHOTRI (Querist) 10 September 2024
want to transfer my flat in NOIDA Gateway Housing society Sector -51 NOIDA UP to My real brother in blood relation through a gift deed. Society is treating both as seller and buyer and as asking Rs 50000/- from both of us. Please advice what are rules & charges legally in this as per UP housing by laws

T. Kalaiselvan, Advocate (Expert) 10 September 2024
You can refuse to pay the exorbitant charges as demanded by the society and issue a legal notice to furnish NOC for transfer following the general rules and the provisions of bylaws or to face the legal consequences.

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