transfer of property

Rahul Jhunjhunwala (Querist) 30 December 2010 This query is : Resolved
Hello everyone,
I have recently received one flat in gift from my sister in law. I have applied in the society for transfer of name. I have submitted all the papers required as per the law. However the said society don't have any office and the work is handled by secretary with support of a chartered accountant. Basically it is a very old and small society comprising of only 8 flats. After 8-9 days of submitting the papers the secretary told me that the society would also need a clearance certificate in relation to maintenance till date from C.A of the society. Besides, the fees to be paid to C.A for this purpose should be in addition to transfer fees. I want to know whether this is right. ( Note:- my sister in law has already given the undertaken to society regarding clearance of maintenance)

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Guest (Expert) 30 December 2010
Without going through the bye-laws of the society for answering the query. in general the bye-laws may be amended relating to the situation . you to bear the fees also.

H.M.Patnaik (Expert) 31 December 2010
Dear Rahul, it is a general procedure to check up society records reg. position of clearance of maint./ other dues prior to transfer of membership even in the face of undertaking by the previous member you have mentioned. There is nothing wrong about it.
As regards bearing of retainer C.A.'s fees for undertaking verification of society records for ascertaining outstanding position of maint. fees etc., the same may become payable if the society has taken such a decision in it's General Body Meeting in absence of a speaking provision
to this effect fitted in the Society Bye- laws.

Kirti Kar Tripathi (Expert) 31 December 2010
i agree with experts.

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