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NISHA THANKARAJ (FMS)     21 November 2009

Gift Deed

I have done a gift deed of Flat which was in my father and my name to my brother and to get registered copy require a NOC from Society and now Society have asked 30,000 for signature of Secretry .Do I have to pay any amt to Society for signature .I am married



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 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 November 2009

The money demanded by them for signature is totally  illegal.

Meenakshi (Lawyer)     21 November 2009

 Thats a Trap to mint Money......But the NOC is must....And there is no need for one to pay for NOC ....as a resident and owner u have all the rights to live or sell the property....Complain to the Socity Regisrar....Or complian in the nearby Police station.....

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     21 November 2009

Go through the rules of the society and if there is any term agreed then you have no option but to follow it otherwise serve a legal notice to the society and then go to consuumer forum against society.

V. VASUDEVAN (LEGAL COUNSEL)     23 November 2009

 You need to explain to the Society that the instant transaction is not a transfer  per se and a gift, there is not need for paying any fee to the society. In case they still refuse, issue a letter attaching the draft gift deed by RPAD and produce the acknowledgement before the Registering authorities to get the registration done. This would be a simple way. Alternatively meet the Registrar of Societies and seek his intervention.

Vasudevan


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