Fatima (teacher) 19 March 2023

Society transfer fees

I had buy property in unregistered society in Gujarat , society association is asking for transfer fee of Rs.XXXX Amount, society is till registered or not i don't know, but they are saying that we have submitted documentation for society registration & show me a paper of housing service society account which was open one or two month ago of my sale deed date, I said to them that by the time till my sale deed done and if you get your society registration number in that case I am ready to pay transfer fee, but they are forcing me to pay transfer fee, they have initiate process for society registration . Can you please help me?

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Quick Summary

This discussion addresses the legality of transfer fees demanded by an association for property in an unregistered society in Gujarat. The original poster questioned the demand before society registration is complete. Expert advice suggests that an RWA (Resident Welfare Association) registered under the Societies Registration Act, 1860, generally has no authority to demand such fees before official registration. Buyers may be able to deny the demand if the society is not yet legally registered.

2 Replies

Dr J C Vashista (Advocate) 20 March 2023

Presumably it is a RWA registered or to be registered under the provions of Societies Registration Act, 1860 since cooperative society cannot start functioning till it is registered with Gujarat Registrar Cooperative Societies, am I correct ?

If so, RWA has no authority to demand transfer / admission fees in the Society, you may deny the illegal and invalid demand.