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Kamal   07 July 2020

Society asking to pay transfer fees against property receive

We(my self and my wife) have purchased a flat in cooperative housing service society in 2014 in joint name at ahmedabad. In society we were registered as a members with joint name and share certificate was issued by allocating 5 shares on both names with active member as my wife. There after in 2016, I have gifted my part to my wife name with registered gift deed by paying stamp duty. After became a single owner, my wife(who is sole active member and owner of flat) have made application to update the mutations and share certificate in society. Now society is asking her to pay half transfer fees of total transfer fees Rs.15000/- against my(was also a co-owner and share holder as passive member) half part received as a gift. Am I liable to pay such transfer fees to society? Help me..


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 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     07 July 2020

1. You both were already members.  By virtue of the registered Gift Deed, Society has only to delete your name and not transfer your membership to her, wherein she is already a member.  Hence there is no Transfer Fees that remains payable to Society.

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

1 Like

Dr J C Vashista (Advocate)     08 July 2020

Demand of Society for transfer of share certificate solely in favour of your wife (on the basis of gift deed) is invalid and illegal.

Challange it with RCS or Civil Court.

G.L.N. Prasad (Retired employee.)     08 July 2020

File RTI application and seek an authentic reply from them first and show it to Society.  If they refuse, then approach first to RCS and then to District consumer forum for deficiency of service.


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