Aniket De (Manager Internal Audit) 06 June 2011

Soc Trf Fees- Is the buyer liable for default of seller?

I have bought an apartment in Mumbai 8 months back & have got the "society share certificate" transferred in my name.

As per rules of Society , the transfer fees to be paid to society had been divided equally between buyer & seller.

Now the society has got to know ( after 8 months) that seller has dafaulted his payment (cheque bounce) & hence society is now following up with me for payment of transfer fees on sellers part.

My question is " Is the outstanding transfer fees against seller will stand as liability in the name of flat ?"

Please suggest what stand should I take as an aggrieved buyer.

Thanks

Aniket Deshpande

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2 Replies

Doveson (advocate) 06 June 2011

technically speaking, you have to pay the money to the society since the society is entitled to put all the outstandings of a particular flat against the occupier of the flat. however, if the amount is huge or you dont want to pay at all, you can proceed criminally against the secretary of society after giving notic on the ground that it kept uite for 8 months about the cheque being bounced thereby making the cheque ineligible under the N.I.Act. your allegation should be that it was in connivance with the seller that the society kept quiet for this long causing loss to you.

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Aniket De (Manager Internal Audit) 06 June 2011

Dear Doveson, appreciate your prompt & accurate reply.

The amount is not so huge but looking at society by - laws on sharing of trf fees , I have maintained my stand for not to pay the seller's part .

Till now society has not issued any official outstanding letter to me hence I am not initiating any action from my side .

Thanks Once Again,

Aniket Deshpande

LLB II nd yr ,ULC College, Malad(E)

M# 98202 41540