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KiranRane (Internal Auditor)     30 November 2013

Share transfer fees for housing society

D/a 

I have bought one flat at Dahisar East in the year 2000 from Mrs. XYZ. At that time we have paid the necessary transfer fees. The flat was registered in joint name of me and my brother. Share certificate was also issued by our society in the name of me and my brother jointly. Now in 2013 I have paid the amount which was invested by my brother by doing proper agreement and the agreement was duly registered. Registration charges and the stamp duty charges are paid by me. I have applied for the transfer of share certificate in my single name as the name of my brother is to be removed from the certificate. Since he is no longer holding 50% share holding in the captioned property. But my society is of the view that I have to pay full transfer fees ie 100%. 

I would like to know whether the society office bearer's demand is valid. Firstly I am existing member of the society as 50% share in the property is already in my name and i have already paid the necessary transfer fee for the 50% share to the society in the year 2000 when we bought the Flat in the year 2000. Now what is the need for paying the same again in 2013. 

According to me only 50% transfer fees should be payable, but the society office bearer's wants particular section or case laws to be shown in this regard. 

Can any one help me with the relevant section in the act/rules or any particular case law which I can show to them. 

Thanks and Regards

 

 



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 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     30 November 2013

You are liable to pay 50% of society transfer charges. It is advisable to send a legal notice to society. You can contact me for futher help.

KiranRane (Internal Auditor)     30 November 2013

I do not want to send legal notice to them they all are good persons and I am having good relations with them, if you share the legal section or any case law on this I will be able to share it with them and convince them. 

 

Thanks and Regards

Kiran


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