Maharashtra housing society query
Laxmikant Bhole
(Querist) 09 August 2013
This query is : Resolved
Hi,
We are staying in Pune, Maharashtra.
Have a following Query:
If a Gift deed is been done between a father and a married daughter where the flat was originally on the joint names of the daughter and her husband and the same is now transferred to Daughter's father and which is registered with Resitrar, can society ask for a transfer fees ?
Similarly if this is not a gift deed and a normal sale deed, in such case as well can Society ask for transfer fees ?
Note, Society has not amended any bye-laws till now of Socities Bye-Laws of Govt of Maharashtra.
prabhakar singh
(Expert) 09 August 2013
Be sure about the plan you have only then put problem faced.No hypothesis please!
Laxmikant Bhole
(Querist) 09 August 2013
Sir, this is not hypothesis.. we have both the cases and thats why asked the question.. if I don't have the real situation why I would take pain to login to the site and putting the question ?
ajay sethi
(Expert) 09 August 2013
no transfer charges are levied in case of inter family transfer . daughter share has been transferred to father no transfer fees are leviable
V R SHROFF
(Expert) 09 August 2013
Trf between father & daughter do not attract any transfer fees in co-op soc in Mah state.
Raj Kumar Makkad
(Expert) 09 August 2013
Society can definitely charge as per its bye-laws in both situations. The charges in first case may be nominal.
Laxmikant Bhole
(Querist) 11 August 2013
I see 2 contradicting opinion here, one from Mr Shroff / Ajay Sethi and one from Mr Rajkumar makkad.. can somebody ratify the correct one ?
Also, I can understand xfering share of daughter to father, but what happens to the xfer of share of son-in-law to father-in-law as daughter's husband was also joint-holder in the flat. Isnt that should attract part of the xfer fees ?
ajay sethi
(Expert) 11 August 2013
mr bhole
read the model bye laws . they are self explanatory . no transfer charges are levied for inter family transfers .
only 50%share of daughter is being transferred to father . where is question of transfer of son in law share to father in law .
ajay sethi
(Expert) 11 August 2013
mr makkad has only stated that society can charge as per bye laws .
he must not be aware of provisions of model bye laws as prevalent in maharashtra for cooperative societies
Laxmikant Bhole
(Querist) 11 August 2013
Sure Mr Sethi.. thanks again. I understand, daughters xfer will not attract any xfer fees.
With respect to Son-in-law, he was the joint owner in the flat in conjunction with his wife (daughter) and the flat is now sold (I think by doing a gift deed or sale deed, not sure on this, will check) to the father-in-law, so the question is whether his share in the flat xfer should attract xfer fees ?
Hope I am clear with the question.
Thanks again for your help !
ajay sethi
(Expert) 11 August 2013
Mr Bole
be certain about your facts . we experts reply based on facts stated by you .
If a Gift deed is been done between a father and a married daughter where the flat was originally on the joint names of the daughter and her husband and the same is now transferred to Daughter's father and which is registered with Resitrar, can society ask for a transfer fees ?
as per your query transfer is of only 50%share . check your facts and come back again
Laxmikant Bhole
(Querist) 11 August 2013
Mr Sethi,
I understand and I apologise if there is any confusion or mis-understanding.
So re-iterating, as you stated above the facts are right.. so the situation is -
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If a Gift deed is been done between a father and a married daughter where the flat was originally on the joint names of the daughter and her husband and the same is now transferred to Daughter's father and which is registered with Resitrar, can society ask for a transfer fees ?
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The only thing I am right now not very sure is whether it was a gift deed or a sale deed, which I said I will check back. But in either case, the above situation remains same.
Kindly guide !!
ajay sethi
(Expert) 11 August 2013
SON IN LAW IS COVERED UNDER THE DEFINITION OF FAMILY . NO TRANSFER CHARGES ARE LE VIABLE .
ajay sethi
(Expert) 11 August 2013
thanks for your appreciation
V R SHROFF
(Expert) 11 August 2013
Like DIL can reside, as Equal right SIL is also a member of family, so no trf chg
Raj Kumar Makkad
(Expert) 12 August 2013
I had opined that the society can charge as per its bye-laws and there is no wrong in the opinion.
Raj Kumar Makkad
(Expert) 12 August 2013
some local experts may be aware of some of their regional/local laws but it do not lie to them to post the derogatory words for other experts.
Hemant Agarwal
(Expert) 21 February 2016
1. While deciding applicability of "Share Transfer Premium", the Society has no jurisdiction to see the history of Flat-Owners. WHY CREATE go-round INTELLECTUAL CONFUSION ????
2. IF the present owner is the father and the transferor is the Daughter, THEN obviously being a "relative" as described under byelaw no. 3(xxv), there shall be no "Share Transfer Premium", applicable by the Society, for any and all purposes.
Keep Smiling .... Hemant Agarwal
http://www.maharashtra-society-help-forum.com
