Upgrad LLM

Society flat transfer charges in blood relation

This query is : Resolved 

Querist : Anonymous (Querist)
28 October 2020

My father purchase the flat from his brother, and society is asking for transfer charges. As per Society bye laws no transfer charges are required if flat is sale or purchased within blood relation. Am i right..? Now society is demanding money and not issuing NOC to us, can anyone suggest what to do in such cases ? we are facing very difficulty as the society sectary has erased my father's name from the name board of the society. They are harassing us coz they are not ready to refer the bye laws and just want their money. please advice.

Isaac GabrielOnline (Expert)
28 October 2020

Here blood relation refers to family only.Second line relationship cannot avail this concession.

Rajendra K Goyal Online (Expert)
28 October 2020

Lodge complaint with the Registrar of Societies after legal notice.

kavksatyanarayanaOnline (Expert)
28 October 2020

Yes. Complain against society to the Registrar of Societies of your district.

Dr J C VashistaOnline (Expert)
29 October 2020

Where is the flat / society located ?
How and why transfer of share (not title of the flat) of society is sought ?
Whether you (anonymous author) are nominated by your father ?
What is your identity / locus standi ?

P. Venu Online (Expert)
29 October 2020

Yes, where is the property situated? Norms vary from State tp State.

Hemant AgarwalOnline (Expert)
29 October 2020

1. IF your Society is within Maharashtra, THEN the following is payable, even IF there is transfer via Gift or Sale Deed to real brother, by virtue bye law no. 3(xxxv) read with bye law 38.
a) Membership Entrance Fees = 100/-
b) Membership Transfer Fees = 500/-
c) Share Transfer Premium = 0/- (zero)

2. IF the Society fails to Transfer Membership, THEN you have an positive option to file a grievance petition against the Society, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation for your physical & mental trauma.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Rajendra K Goyal Online (Expert)
31 October 2020

Author has not informed in which State the said society is situated.

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