Transfer charges by builder

because the flat is lease hold and all rights at present are vested with the builder so you have no option but to pay transfer charges as demanded. If any society is formed at any later stage, it shall also take charge from builder including the names of owners of the flats as entered in his books.

 Please review the Agreement between the Builder and the present owner/intended seller -

If the agreement provides for registration of the property in the name of the purchaser and/or his nominee, you can seek for transfer on this basis, withoug insisting on the transfer fee

vasudevan

But the current owner has already registered the property by paying stamp duty.

So can the present owners name remain for now in builders books, and when society is formed I can get it transfered by paying 25k transfer charge to society and not to builder ? is this possible ?

 The essence of the Agreement executed between the builders and the current owners is to be clear before your taking proper decision in the matter. It is note dthat the present owner has already registered - Has he paid the full consideration or part consideration - The usual terms of a sale deed bars transfer, assignment or parting with any rights of the property by the buyer unless he has paid the purchase consideration in full. It is advisable that you consult a lawyer

by showing the relevant documents, before entering into a transaction. In any case, keeping the present owner name remaining is a risk unless you have obtained proper assignment document in your favour.

The current owner has taken posession, and has paid fully to builder.

Do I still need to pay the transfer charges to builder ? Can I not take POA from current owner, and get the transfer once society is formed. Is there  any problem or illegality in this.

Also in the current owners agreement there is clause  : 'Not to transfer/sell property without written consent of builder'. Does this mean that we have to abide by this, even if I do not require NOC for bank loan since I am not taking loan.

Please note its leasehold land on which the building is standing.

Awaiting reply soon. THanks a lot.

Priyank. Though you have not to take any loan from bank but you are equally bound by the terms of the agreement executed between you and builder a par with builder. It is bad if we expect more but do nothing and try to take exemption. because the whole property is in the name of builder and if you have to get it shown transferred in your name then you have no option but to make demanded payment or jointly all the allottees meet the builder and try to convince him. No legal ground seems in your case not to make the transfer fee.

dear sir

kindly tell about the transfer fee charges by the builder is leagle,like i purchased a flat in resale ,at that time transfer fee was only 10,000/- rs ,now suddenly builder enhance it from that to 500/- rs psf.this was written in agreement that it is adminstration cost . can builder do  so,kindly suggest the legal way out.

thanks

sandeep

Hello Sir,

I have purchased a resale flat in Mumbai and the flat is still under construction. Now builder is charging money from seller for NOC which seller is ready to give to builder.

Now my concern is there any other document which is required from builder to transfer the ownership in their books. Reason being the building is still under construction and just wanted to confirm that there are no hidden charges by builder at the time of completion of flat since at that point seller will not be involved and there is a risk that I might have to bear those charges.

Also what all precaution or document from Builder do I need to take before making final payment to the seller.