Transfer charges
Dinesh Kandpal
(Querist) 25 July 2018
This query is : Resolved
Dear Sirs, We paid transfer charges to builder to get NOC, so as to avail bank loan in year 2011. Our society though registered in 2009 was not taken over by society and was recently taken over in 2017. Now the newly elected MC wants all such flat owners to pay transfer charges of 25000 each for all resale transaction happened between 2009 and 2017? The list handed over by builder to society includes all new owner names as well, so is it valid on MC part to ask for transfer charges again? Can we register a complaint with registrar as they are holding all share certificates ! Pls guide.
M V Gupta
(Expert) 26 July 2018
Please explain your statement -- "Our Society though registered---- recently taken over in 2017".
Dinesh Kandpal
(Querist) 26 July 2018
Our society was registered in 2009, but it was not taken over from builder until 2017 so builder was managing maintenance all these years and also collecting transfer charges for resale. In 2017, residents decided to take over maintenance and accordingly registrar appointed administrators to manage affairs. The first election for committee formation was done in July 2018. Now the newly appointed MC wants all such resale flat owners after 2009 to pay transfer fees again, so what options do we have ? The builder during handover to administrator had furnished current members list as well so is MC justified to ask for transfer charges again? please guide.
Kishor Mehta
(Expert) 27 July 2018
Once the Society is registered the builder has no business to conduct the management of the Society. He has collected the transfer moneys illegally, if he has issued any receipts then the Managing Committee should issue a notice and collect the transfer fees from him. However the Managing Committee can not demand transfer fees from the members who possess valid registered documents to their respective flats and whose names are submitted by the builder as flat owners.
