Flat in housing society

Bharat Oza (Querist) 13 December 2013 This query is : Resolved
One of my client is having two joint flats in Housing Society, purchased vide one agreement from Builder and having 10 shares but one share certificate. Now they are selling to a party through one agreement as joint flat. My question is whether transfer fee for transfer of shares and interest in property will be single or double. As the membership is one. In BMC record the flats are two. Flat is having only one main door. Please guide us in respect of transfer fee.

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ajay sethi (Expert) 13 December 2013
you have to pay transfer charges for 2 flats .

Bharat Oza (Querist) 13 December 2013
Transfer fee is for transfer of membership or flats ?
Membership is one only. Flat is also having one door and one agreement from Builder.

Act and Bye-laws is silent on this issue.

ajay sethi (Expert) 13 December 2013
you have illegaly converted 2 flats into one . as per law both flats should have separate doors . you are required to pay transfer charges for both flats .

Rajendra K Goyal (Expert) 13 December 2013
Well advised by the expert ajay sethi ji.

R.K Nanda (Expert) 13 December 2013
nothing to add more.

Raj Kumar Makkad (Expert) 14 December 2013
Your action is not legal as it violates the sanctioned plan thus it either requires regularization by paying the penalty or its demolition.

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