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Rakesh Solanki   29 January 2021

Society transfer fee in case of gift deed (father-son)

Dear Lawyer Friends,

My father would like to Gift me property where we are living right now. Is there any law in which Society can take transfer fee for transferring my name from my father's name.  Under which section or panel of cooperative housing Society Transfer fee, I am liable to pay Transfer fee for Gift Deed between me and my father?

House is located in Co-operative housing society in Ahmedabad, Gujarat.

Your help through will be highly appreciated.

Thanks and regards,

Rakesh



Learning

 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     29 January 2021

Hello,

Society cannot charge transfer charges for the transfer of a flat between father and son.

Dr J C Vashista (Advocate)     31 January 2021

Originally posted by : Rakesh Solanki
Dear Lawyer Friends,

My father would like to Gift me property where we are living right now. Is there any law in which Society can take transfer fee for transferring my name from my father's name.  Under which section or panel of cooperative housing Society Transfer fee, I am liable to pay Transfer fee for Gift Deed between me and my father?

House is located in Co-operative housing society in Ahmedabad, Gujarat.

Your help through will be highly appreciated.

Thanks and regards,

Rakesh

No cooperative society can charge transfer fees from donee (receipant of Society property in donation/gift)

However, Cooperative Societies Act is a State subject, which slightly differ from State to State.

It is advisable to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.  

Nikita Parekh   31 January 2021

Society ne concerned authority ne kaho ke tamay transfer fee charge karo cho ....tho society resolution ne copy batawo jhema aavo tharav pass karyo hoye

Rakesh Solanki   31 January 2021

My Father will give them a letter to transfer property to my name and then will wait for Chairman / Secretary response to it.  Now I understood legally they cannot take transfer fee in my case but we want to see if they are giving this in black white.  So that it becomes proof that they are asking for Transfer fees in case of Gift deed between father and son. 

Is it possible to share some thing like section or act of cooperative housing Act of Gujarat for reference where we can prove that transfer fees are not applicable in case of Gift Deed in Blood Relation.

Thanks and regards,

Rakesh

Nikita Parekh   31 January 2021

The letter drafted by your father to transfer property has to cover all aspects, clarity and transparency in respect of alleged transfer fee demand raised by your society

Also send a copy of the letter to Society advocate , if any for further clarity on the fee aspect

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