Applicability of transfer fee premium for family transfer
RANGWANI KISHORE
(Querist) 27 January 2017
This query is : Resolved
My mother has executed registered gift deed for her share/title of a flat in regd co-op housing society at Mumbai. When I had applied for transfer of. Flat in my name based on gift deed of mother, the society is asking me to pay transfer fee premium and development fund. This being contrary to, transfer within family from mother to her son on regd gift deed, I have protested.
What is rule position on this?
Can society charge transfer fee premium and development fund contrary to bye laws of co-op housing societies. Request your advice in the matter.
RANGWANI KISHORE
(Querist) 27 January 2017
Is transfer fee premium of Rs 25000/- and development fund of Rs 25000/- charged by the society applicable on transfer of flat in a regd co op housing society by a mother to her son on a regd gift deed.which is transfer within family without any consideration.
RANGWANI KISHORE
(Querist) 27 January 2017
Is transfer fee premium of Rs 25000/- and development fund of Rs 25000/- charged by the society applicable on transfer of flat in a regd co op housing society by a mother to her son on a regd gift deed.which is transfer within family without any consideration.
RANGWANI KISHORE
(Querist) 27 January 2017
Is transfer fee premium of Rs 25000/- and development fund of Rs 25000/- charged by the society applicable on transfer of flat in a regd co op housing society by a mother to her son on a regd gift deed.which is transfer within family without any consideration.
Kishor Mehta
(Expert) 27 January 2017
Sir,
I cite the relevant section of Model Bye-Laws of CHS (2014) in Maharashtra:
[1] Section 38 (e){ix) of Model Bye-Laws of Co-Operative Housing Societies (2014) in Maharashtra states that: "......No additional amount towards donation or contribution to any other funds or under any other pretext shall be recovered from transferor or transferee."
[2] "Explanatory note to section 38 (e) of Model Bye-Laws of Co-Operative Housing Societies (2014) in Maharashtra state that "...... payment of amount of premium shall not apply to transfers of shares and interest, of the transferor in the capital / property of the Society to the Member of his family or to his nominee or his heir / legal representative after his death and in case of mutual exchange of flats among the Members."
This will satisfy your queries.
Good Luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 28 January 2017
May proceed as advised by the expert Kishor Mehta.
RANGWANI KISHORE
(Querist) 04 February 2017
The society after having sought legal advice from their regular advocate is still insisting for payment of transfer fee premium and development fund. What is further course of action on my part to deal with adamancy of society.
RANGWANI KISHORE
(Querist) 13 February 2017
The society after having sought legal advice from their regular advocate is still insisting for payment of transfer fee premium and development fund. What is further course of action on my part to deal with adamancy of society for charging these fees for transfer of flat on Regd gift deed withing family without consideration. Donor mother donee son.
RANGWANI KISHORE
(Querist) 13 February 2017
The society after having sought legal advice from their regular advocate is still insisting for payment of transfer fee premium and development fund. What is further course of action on my part to deal with adamancy of society for charging these fees for transfer of flat on Regd gift deed withing family without consideration. Donor mother donee son.
RANGWANI KISHORE
(Querist) 24 April 2017
Inspite of dy registrar of coop housing societies having directed society to take necessary action in complance with bye law 38 of coop hsg societies, the society is still adamant and is interpreting the note below clause 38 to be applicable only in case of death transfers only and not in case of living members transferring within family by way of registered gift.deed.
Request your expert advice for following further course of action.
