Manoj Patkar (HOD) 12 October 2010

Society Transfer Charges

Hello Friends.I need your genuine guidance to solve my issue regarding transfer charges.

I have done the agreement for the sale of my existing flat in Mulund.My flat buyer wants a NOC from our society.Society secretary demanded for Rs.50,000 towards transfer charges failing which he said he won't provide the NOC.I am in a hurry to get the balance payment from my buyer hence I have paid Rs.25000 worth two cheques to the Secretary as they refused to accept one cheque of Rs.50000.

I want to teach the Secretary a lesson as he freaks out on alcohol parties with this money.His other associates are also equally involved. I told them about bye laws rules of the limit of Rs.25,000 towards transfer but they openly told me to appeal in High Court or go and complain to the Registrar.

Kindly guide me step by step on how to teach these guys a lesson for life.

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2 Replies

Audry Fernandes (nil) 12 October 2010

AS I understand, Transfer charges are Rs. 500 and Rs. 25K is the premium as per the byelaws. However many societies charge more after passing the amount in the AGM.

As for your comment that the Secretary personally spends the money, I cannot comment. As they have taken the amount by cheque and I am sure it goes into the Society funds!

Charud (EXECUTIVE) 13 October 2010

Dear Manoj,

What Audry has said, I'm agree with him. One more thing is that if he had asked for two cheques totaling Rs. 50000/- then he must shown in books that 25K against transfer premium and another 25K against donation to society. You can check with them is there any resolution passed by AGM about 50K as transfer premium? But as per byelaws it can not exceed 25K. You had already paid. You should not be in hurry if you want to teach him lesson.

Is he given receipt of payment as transfer premium? If yes then you may appeal to registrar of society and in case of Co-op Hsg Soc in Co-operative Courts.