Transfer fee for purchase of flat from builder
Kapil Raut
(Querist) 04 March 2013
This query is : Resolved
I have purchased a flat from the builder directly. Now, this flat which I have purchased from builder was booked on the name of Investor whose name has been cancelled from booking details of Builder when my "Agreement to Sale" with builder happened.
The builder has handed over the building to society which has been formed 5 months back from the time of my agreement with the builder. The temporary managing committee has been formed and election for permanent society committee would be held shortly.
Now, the society is asking me to pay the transfer fee of Rs. 25,000/- for the member-ship of the society.
The legal department of builder has not shown the transfer fee in the account statement given to the society and while handing over the building to society, the name of investor has gone to the society which could have been further for society share certificate listing.
They have to yet issue a letter to me saying that I have to pay the transfer fees of Rs. 25,000/-
Does the society need to collect the transfer fees of Rs. 25,000/- from the builder?
Am I legally responsible for the payment of transfer fee to the society?
What is the Model Bye-laws for Co-operative Housing Societies regarding the same?
Is the society's stand correct in this situation (not recovering the transfer fees from the builder but asking me to pay the same)?
If legally, I am not responsible for the payment of this transfer fee, what legal alternatives do I have to protect my interest and obtain membership of the society?
ajay sethi
(Expert) 04 March 2013
when was agreement etered into ? what is date of formation of society? was your agreement duly stamped and regd ?
th builder has to show your name as the owner of flat in the statement of members sent to society . if buider has not done so society wont transfer flat in your name unless transfer charges are paid
raise the issue with builder .
Kapil Raut
(Querist) 04 March 2013
The "Agreement to Sale" has been done in 1st week of December 2012.
Formation of Society has been done in August 2012.
My "Agreement to Sale" is duly stamped & registered in Haveli No. 21, Karve Nagar, Kothrud, Pune
At the time of formation of society in August 2012, Builder has provided the investor's name in the statement of members sent to society.
Now, when I raise this issue with Builder, then legal department from Builder says that don't pay the transfer fee and Society has told me that since we have received the investor's name in the statement of members sent while formation of society, I would be charged with the transfer fee amount.
So, requesting to clarify below queries:
Does the society need to collect the transfer fees of Rs. 25,000/- from the builder?
Am I legally responsible for the payment of transfer fee to the society?
What is the Model Bye-laws for Co-operative Housing Societies regarding the same?
Is the society's stand correct in this situation (not recovering the transfer fees from the builder but asking me to pay the same)?
If legally, I am not responsible for the payment of this transfer fee, what legal alternatives do I have to protect my interest and obtain membership of the society?
arunprakaash.m.
(Expert) 06 March 2013
As per the MOFA Act, 1961 you are original purchaser of the said flat from the builder. Investor only booked the flat and he has not concluded the contract.
Merely by the statment of the builder investor does not become original member of the society.
The persons in whose name share certificate or subscribed the shares of the said society is the member of the society.
If your agreement for sale is the first registered document for the said flat you are the member of the society not the investor.
ajay sethi
(Expert) 06 March 2013
society formed in August 2012 . flat sold to you after formation of society . as per statement sent by the builder investor was the owner of flat . however the investor faild to pay full amount and builder accordingly sold flat to you . as sucjh you are the original allottee .
what is the clause in agreement regarding transfer charges . the flat must be worth in lakhs . pay the transfer charges under protest and get flat trnasferred in your name . then file complaint against the society and builder for recovery of dsaid amount .
