Bye-laws on transfer fee of co-op society
Dhirender Wadhwa
(Querist) 09 November 2014
This query is : Resolved
Dear experts
please help...
I have a plot in a sehkari avas samiti registered with awas vikas, uttar Pradesh. The society has registered the plot in name in 2003.
I want to sell the plot.. the society says that the transfer fee is 10% to be paid..
Ques 1 : is it legal to charge such huge amount? Society says its in the bye-laws by government
ques 2 : can this fee be reduced by the committee through any resolution or any other process lawfully?
as this amount is over and above the stamp duty to be paid by buyer and agent commissions to be paid by both sides. this huge transfer fee is keeping the buyers away....
Isaac Gabriel
(Expert) 09 November 2014
Refer the bylaws of the society,as per which the buyer need to become an associate member to avail the services of the society.If it is a coop.society,complain to the jurisdictional Registrar.
Dhirender Wadhwa
(Querist) 10 November 2014
thanks Isaac sir, but my questions were
1. can a society charge such huge transfer fee. doesn't any society law fix a lower/higher range for it.
2. Earlier society used to charge fix rs.50000/-. For the past 2 yrs. this fees has been increased to 10% of sale value... the committee says that the government society laws say that min. 10% has to be charged ????? is it true...
Surrender K Singal
(Expert) 10 November 2014
Better refer to the relevant clauses of Bye Laws as also Society Laws (Govt.) as claimed by your Society
V R SHROFF
(Expert) 10 November 2014
IT SEEMS REASONABLE. All mebers have to pay out of their profit on sale.
Surrender K Singal
(Expert) 10 November 2014
How can such opportunism / fleecing be considered REASONABLE on the part odf Society ?
V R SHROFF
(Expert) 10 November 2014
sOCIETY MONEY WILL BE USED BY MEMBERS ONLY.
tHOSE WHO BECOME MEMBER WITH MOTIVE: nOT TO RESIDE WITH OTHER MEMBERS
but TO ENCASH PROFIT BY SELLING THE pLOT ALLOTTED TO THAT MEMBER,
hE HAS TO PART WITH THE PROFIT HE GETS OUT OF THE Dociety Land, alloted to him for his residence.
and can govt be fool??
it is govt order, and your wish had no consideration:
law is law, and I say that LAW is very reasonable.
lANDLORD CHARGES 40% TRF FEE ON pAGDI FROM tENANTS!! iS THIS UNREASONABLE???
Surrender K Singal
(Expert) 10 November 2014
Then what is good about Coop Society system which was to get rid of impirical PAGDI system; Why should real resident members suffer at par with investor-allottees (profiteering) ?
Dr J C Vashista
(Expert) 10 November 2014
Some of the purchasers (since times immemorial) use to buy properties for the purpose of investment all over i.e., Pagri system as well as cooperative societies.
1. Generally no such clause can be inserted/ included by the CHS to pay 10% amount as transfer fee, if it exists, challange it.
2. The society cannot consider the request of charging non-charging oftransfer fee (if it existed in their Bye-Laws)on pick and choose basis.
Engage a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 14 November 2014
Well advised by expert Dr. Vashista. Take the help of a lawyer, discuss the issues in depth and decide about next course of action whether to issue a legal notice or to get the information through RTI about the said clauses and see what can be done.
