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Vijay Salaskar (NA)     26 January 2010

Transfer Fee

I have purchased new flat in Bhandup, Mumbai in Jun'09 from Investor. I got the NOC from builder in July'09. And I taken possession from investor in 01-Aug-09. From 1st Aug, 2009, society started giving maintainance bill. before it was handled by builder itself. But society members told me to give transfer fee of Rs. 25,000 as society is registered in Nov'2008. They told me builder has registered society in Nov'2008. There are many people who have taken flat from builder between Nov'08-Aug-08 and they have given transfer money to builder for NOC. But still society is asking for transfer money to include there name in society membership. Kindly suggest what to do.



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 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     26 January 2010

The portion/flats remained in he name of builder even after the formation of the sociery can legally be sold by him and society cannot withheld its working during this time thus you are legally liable to pay the transfer amount to the society as per their rules.

V. VASUDEVAN (LEGAL COUNSEL)     27 January 2010

 The society is entitled to collect transfer fee from the transferee unless the property was sold directly by the builder (unsold flats). Usually the transferor and transferee agree on this component. However since your deal is through you have no option but to pay this fee.

vasudevan


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