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Transfer fees charged by flat owners association

(Querist) 11 August 2011 This query is : Resolved 
Please clarify on the legality of a registered resident flat owners association's right to collect a transfer fee from the member at the time of sale of his / her flat, on the basis of a clause in their bye-laws.

Thanks
AMIT SANKLECHA (Expert) 12 August 2011
Dear R. Subramanian

The transfer fees is generally charged by the society. The flat owners association or the society has a discretionary right to levy such. If teh same is mentioned in Bye-laws of your society you are bounded to follow the same.

As becauseget the ownership transferred resembles that you have acceopted the Rules & regulations of the society.

Thus to conclude, that if such right is mentioned in the Articles or Memorandum of the society, then the owner is binded to follow the same & pay the transfer fees.

hope this will help you.

Regards

Ameet Sanklecha
e-mail : ameet.sanklecha@gmail.com
Raj Kumar Makkad (Expert) 12 August 2011
I have similar opinion as of Amit.
R.Subramanian (Querist) 12 August 2011
Thank you very much Sri.Amit sab and Sri Raj kumar Makkad.
Advocate. Arunagiri (Expert) 12 August 2011
Normally the association used to collect charges for registering the transfer of ownership.

As long as the charges are reasonable you need not worry about it.


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