Housing society transfer fee for gift deed between close rel

Surendra (Querist) 06 September 2021 This query is : Resolved
Sirs
My brother in law and my wife's ancle sharing 50 percent each share in property executed jointly gift deed of property on my wife's and my son's name.
Sir please advised me can housing society managing committee ask transfer fee in this case where no money consideration
Thanks and regards

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This discussion explores whether a housing society can charge a transfer fee when a property is transferred via a gift deed between close family members, specifically a brother-in-law and wife's uncle gifting to the wife and son. While some believe transfer fees shouldn't apply in such cases, the consensus suggests it depends on the society's bylaws and local cooperative society laws. It's advised to check the specific rules of your society and relevant state legislation.

kavksatyanarayana (Expert) 06 September 2021
Whether the property is transferred by anyway, then transfer fees shall be collected.

Surendra (Querist) 07 September 2021
Sir thanks for reply I heard that housing society can not ask transfer fee for transfer within family members and society members. Hear question is whether maternal ancle and fraternal ancle are legally family members
Please advise
Thanks and regards

Pradipta Nath (Expert) 07 September 2021
In general Cooperative Society cannot charge transfer fee from its member. Though this is applicable in WB. Therefore please find out the details in your area and move accordingly.

SHIRISH PAWAR, 7738990900 (Expert) 07 September 2021
Hello,

In your case society will charge the transfer charges for transfer of flat from your in laws to your wife and son.

T. Kalaiselvan, Advocate (Expert) 07 September 2021
In general, the residents' welfare association would function on the basis of the bylaws. If the bylaws do not specify about the transfer charges to be collected for such gift deeds, then the beneficiary need not pay the same, it depends on the state laws in this regard.
You may enquire about the transfer charges with the society and then decide about further course of action

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