Transfer premium as per old (regd) or model bye law
Anmol Saraf
(Querist) 02 February 2020
This query is : Resolved
My father gifted the flat in my name and i want to transfer the shares. Society is asking us to pay Rs.20000/-
As per my Knowledge in case of gift to family members no transfer premium is charged as per model bye law 38(e)(ix)
Society said they are following very old bye law where as per bye law you have to pay 2.5% of difference of book value and sale value of flat.
can u pls clarfiy..
1. Is Model bye laws are not binding on society even if they have not adopted.
2. Can Society force me to pay as per such old bye law.. (i guess its of before 2009/2001), and if yes how much is payable on gift transfer as per old bye law.
Dr J C Vashista
(Expert) 03 February 2020
Society demand is invalid and illegal which should have been challenged before appropriate authority i.e., RCS and/or competent court of law.
It is advisable to consult a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.
Advocate Suneel Moudgil
(Expert) 03 February 2020
agree with the learned expert vashista ji,
refuse their demand in writing mentioning the same as bad in law, illegal
Sb Karma
(Expert) 03 February 2020
first complaint to the local society registrar,then move to the court with the help of local lawyer.
kavksatyanarayana
(Expert) 03 February 2020
You have to complain against the society to the Dy.Registrar of Cooperative Housing Societies concerned and then file case.
Raj Kumar Makkad
(Expert) 04 February 2020
1. New Model Rules are binding for the society.
2. No is the sole reply to your second query. You need to make a written complaint to the registrar of societies as the demand is illegal,
Anmol Saraf
(Querist) 13 February 2020
Society replied: The Amount is been passed in the AGM so have to pay
Deputy Registrar Office: Since AGM has passed resolution, we dont have powers to make notice, Go to Consumer Court.
Pls let me know resolution of AGM (20000 transfer fee for gift deed) have any value if bye law says 600.
what step to do ? who much to pay
Anmol Saraf
(Querist) 13 February 2020
Society replied: The Amount is been passed in the AGM so have to pay
Deputy Registrar Office: Since AGM has passed resolution, we dont have powers to make notice, Go to Consumer Court.
Pls let me know resolution of AGM (20000 transfer fee for gift deed) have any value if bye law says 600.
what step to do ? who much to pay
Anmol Saraf
(Querist) 13 February 2020
Society replied: The Amount is been passed in the AGM so have to pay
Deputy Registrar Office: Since AGM has passed resolution, we dont have powers to make notice, Go to Consumer Court.
Pls let me know resolution of AGM (20000 transfer fee for gift deed) have any value if bye law says 600.
what step to do ? who much to pay
KISHAN DUTT KALASKAR
(Expert) 13 February 2020
Dear Sir,
If you do not agree with Society then there will be so many problems and you have an option to challenge such bye-laws if any.
