Transfer fee
SAA_Bombay
(Querist) 29 April 2015
This query is : Resolved
Dear Experts,
One of the member from our Society has not paid transfer fee while he purchased the flat approx 12 years back. Now, he wants to sell flat & society discovered that transfer fee is pending. What should society do? should society collect transfer fee as per current applicable rate or rate that was 12 years back? & again, when he will sell his flat to third party, even that time he has to pay transfer fee? Pls advice.
Devajyoti Barman
(Expert) 30 April 2015
The society can collect the fees at the rate which was existing at the material point of time. In absence of clearance of such fees the society can refuse to give NOC.
Rajendra K Goyal
(Expert) 30 April 2015
What was society doing from the last 12 years? The claim is time barred. Society can twist arm due to his need of transferring the flat at this stage for recovering dues which was not recovered due to its own fault. Really a good time to punish other for own fault.
SAA_Bombay
(Querist) 30 April 2015
Agreed Sir, it was mistake of Society & hence, Society has decided to recover transfer fee vide rate applicable before 12 years.
Dr J C Vashista
(Expert) 01 May 2015
What is the case where the society is demanding transfer fees? Was the member a purchaser (subsequent to allottee)? Whether the society is empowered to impose transfer fees, if yes, under which provisions of law, since it is illegal and barred in Delhi.
It can not be recovered in the name of transfer fees. The transfer transaction has taken place 12 years ago and the society management kept on sleeping, let the society forget or face unwarranted litigation.
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
