DDDDDDDDDDDDDD (Director) 11 February 2014

Transfer of property

Dear Sir,

Recently I and my father jointly purchased resale property in Kandivali, Mumbai.

Since at the time of registration society was formed but not handed over to the members, both buyer and seller paid Rs100/- per sq. feet to builder for obtaning NOC. Using that NOC we have taken a bank loan and finished the transaction.

Now that builder have handed over the society to the members, society is asking for further transfer charges and still issuing the maintenance bill in the name of old owner. While handover builder have clearly mentioned against our flat number "ABC" sold to "XYZ".

For your updates society is formed but still there is no person is signing on behalf of the society. Even our maintenance bill are just stamped but carries no signature.

I need your expert advice, do I need to pay further transfer charges once I paid to Builder who acknowledge the sale while handling over.

Regards,

Dharmendra

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3 Replies

Chellapandian (Legal Consultant) 11 February 2014

Dear Mr.Darmendra,

Couple of questions to you before providing suggestions

1) Is there any clause in your registered sale deed about the transfer of name in the society records?

2)when does this transaction happen?

3) are you in posession of the property?

4) Are you sure the "name transfer" is done for your electricity connection,water supply,property tax etc

Thanks,

Chellapandian.K

DDDDDDDDDDDDDD (Director) 24 March 2014

Dear Mr. Chellapandian.K

Thanks for the interest shown.

1) There is no clause in our registered sale deed about transfer of the name in the society records. So after payment of the it should have been transferred to my name accordingly.

2) Transaction happened on June 2013. and we got the possession on 15th Aug 2013.

3) Yes, I am in possession of the property.

4) We are in process of doing name transfer in electricity connection, there is no progress on water supply and property tax.

Chellapandian (Legal Consultant) 26 March 2014

Dear Dharmendra,

For completion of any transfer of property.

Transfer of names in two records are mandatory

1) registration records

2) revenue records.

registration process takes care of transfer of names in registration records.

For other revenue records (also supporting records like tax,electricity,society records) mutation needs to be taken care by the buyer at his own cost unless it is specifically mentioned in the registered instrument.

Thanks,

Chellapandian.K