Dr. Vinod Mestha (Consultant) 16 August 2010
I (first name) own a flat in joint name with my father(second name). Now I have transfered my fathers rights on my name through a registered RELEASE DEED. Since my name is already included in the society records as first holder, can I make a request to the society for deletion of my fathers name from the society records? Will it attract Society Transfer Charges as per Society Bye-Laws?
adv. rajeev ( rajoo ) (practicing advocate) 16 August 2010
If there is condition in respect of transfer fees, you will have to pay it.
Dr. Vinod Mestha (Consultant) 18 August 2010
1. Transfer charges are charged by society in case of sale deed of a flat.
2. As per society bye laws No. 38 ( e ) ( ix):
The transferor/transferee shall make payment of amount of premium at the rate to be fixed by the society. But further it states that, this condition shall not apply to transfer of shares and interest of the transferor in the capital/ property of the society to the member of his family ( means son, daughter, brother, sister etc.).
Does this imply that the transfer charges (i.e.transfer premium) are not applicable for transfer within the family members? I have not made a new purchase agreement, but have executed a release deed in my favour.
Little Lite Consultants (Proprieter) 21 February 2014
As per above clause highlighted by you in bold, society not to charge any transfer fee.
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