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Shantanu Kulkarni (Proprietor)     07 October 2013

Addtional transfer fees of society after NOC issued

I have bought resale flat in November 2012 in Pune. That time society asked for transfer fees of Rs. 10,000/- which we paid and society issued NOC.

At the time of adopting me as member of society in AGM, query was raised that society changed bye-laws in 2007 increasing transfer fees to Rs. 15,000/- of which Secretary, Chairman was not aware. Now, society is asking for further Rs. 5,000/- to issue Share Certificate as member.

Question 1. Can society do so?

In Sale Deed we have mentioned that “charges to be paid to any government or other bodies before transfer of property should be borne by transferor” so can it be treated as society transfer charges are incurred before Sale Deed and at the time of NOC issued.

Question2. Can we claim that additional charges should be borne by Seller (Transferor)?

It will be great to have your answer supported by legal provision or case(if any)


 1 Replies

Hemant Agarwal ( Mumbai : 9820174108)     07 October 2013

1.  IF the flat-owners have registered a Society under the MCS Act,  THEN the following fees can be collected, to the exclusion of any and all other charges or enhanced amounts, irrespective of the bye-laws or general body resolutions.
a)  Membership Entrance Fees = 100/-  (for each person)
b)  Membership Transfer Fees = 500/-
c)  Share Transfer Premium = 25000/-  (maximum)
Anything beyong the above, can also be criminally prosecutable.

Above is applicable in Mumbai district.  AND most probably it should also be applicable in Pune district too.

Keep Smiling .... Hemant Agarwal

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