Society demanding transfer fees in guise of donation
MAK KOTWAL
(Querist) 19 November 2020
This query is : Resolved
I wish to sell my apartment in mumbai.The society is refusing to give noc unless a transfer fee of 10lac is paid to them. The fees is guised as a donation. They say its passed in the annual General meeting and is a policy since 10 years amd all outgoing members have complied. My purchaser needs a noc for bank loan.
Isaac Gabriel
(Expert) 19 November 2020
Collecting compulsory donation is not legal and either bylaw or act specifies such provision.It could be questioned in court of law by filing PIL.
Rajendra K Goyal
(Expert) 19 November 2020
Lodge complaint before the Registrar.
P. Venu
(Expert) 19 November 2020
Yes, the demand is illegal. Is the Society demanding in writing?
kavksatyanarayana
(Expert) 19 November 2020
Yes. The demand by the society is illegal. You can lodge a complaint against the society to the Deputy Registrar of Housing cooperative societies of your district.
Hemant Agarwal
(Expert) 20 November 2020
1. You can file a Police FIR, requesting investigation and charge-sheet, for various offences like Extortion, Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Rajendra K Goyal
(Expert) 20 November 2020
A good advice from expert Hemant Agarwal, may fetch positive results.
