Transfer of society shares certificate and membership
Rahul
(Querist) 09 August 2014
This query is : Resolved
Hello,
I have purchased resale flat @ 1.9 years ago in Dhanraj Park, Kaspatewasti, Pune, Mharashtra, India.
It is seen that despite of paying society transfer fees of 25,000/- rs, my name is not yet reflected/changed on share certificate.
I had requested for transferring share certificate to my name but they asked to pay membership fees of 10,000/- Rs.
Untill i pay membership fees they refused to change the my name.
What is the limit on society membership fees?
I read that "A member of a housing society who has sold his plot or flat on the power of attorney or agreement for sale or by sale deed, shall cease to be a member of that society from the date of the sale of plot or flat".
What is the limit on society membership fees? What is next step for me to do?
ROHIT SHARMA
(Expert) 09 August 2014
1. File an R.T.I. with the Secretary of the society and ask for Society's regulations documents. There has to be a resolution passed by the G.Body to fix such membership fees. Check this out. File a complaint with the Dy. registrar of Housing co-operative Society.
ajay sethi
(Expert) 10 August 2014
pay additional Rs 10,000 and get membership of society . then file complaint before Dy registrar cooperative societies . membership charges are only Rs 500
ADV-JEEVAN PATIL, MUMBAI
(Expert) 11 August 2014
Write to soc that as per Act Rules n Bye laws Transfer fee Rs 500 + Entrance fee Rs 100/- since maximum Premium amount has been paid. Ask to clarify On what a/c additional amount is asked.then write Registrar
Raj Kumar Makkad
(Expert) 11 August 2014
I do agree with the experts hence no more to add.
Dr J C Vashista
(Expert) 13 August 2014
The transfer of share certificate differs from state to state. Whatsoever, Bye-Laws adopted by the society, Maharashtra Cooperative Societies Act and MCS Rules shall be applicable.
Basic share price is (generally) Rs. 100/- and rest of the share amount (if any), as agreed/passed by AGM, is to raise the Share Capital for obtaining loan for the society from various financial institutions. I concur with expert opinion of Advocate Mr. Jeevan Patil.
RTI Act, 2005 is not applicable in Cooperative Housing Societies as decided by CIC.
Consult and engage a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 13 August 2014
Agreed with the experts nothing more to add. Better send a notice through a lawyer to the society demanding the relief, if there is no proper response, you may resort to legal action.
Rahul
(Querist) 11 September 2014
I did not manage to pay 10,000/- rs before General Body meeting held on 22-Aug-2014 and passed topic of increase of menership fees from 10,000/- to 25,000/- from 01-Sep-2014.I could not join that General Body Meeting.
Now i am seriously towards this issue. My question is General Body meeting / people can decide 1,00,000 /- in coming future, and increase society funds by any possible means and misuse/ bypass Act laws and Bye laws.
Hemant Agarwal
(Expert) 09 March 2015
1. First serve a Notice to the Society Mg.Committee to transfer membership relating to your flat.
2. IF the Society fails, THEN after 30 days, file a grievance application before the local Consumer Court, and successfully claim damages and compensation.
Keep Smiling .... Hemant Agarwal
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