Santosh Chorage 07 January 2016

Transfer fees to be paid to co operative society

Hii,

Myself Santosh Chorage, I am residing at Navi Mumbai Maharashtra, I seek suggestion from experts about transfer fees to be paid to cooperative society at the time of sale of property to the family member.

I have sold my flat to my elder brother , Now co operative housing society demanding Transfer fees of Rs 25000/- , but i have brought to the notice of the cooperative society that by laws says, no transfer fee to be paid if the sales happned within family member, 38 no by laws.

But society is not accepting my plea and demarnding amount, Pls advice me on the subject matter.

Thanking you in advance.

Santosh Chorage

Navi Mumbai

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2 Replies

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 07 January 2016

1) If the bye-law as quoted by you is clear, no transfer fee need be paid to the society.

2) However, the societies to raise funds demand transfer fee maximum of Rs. 25000/- in some form or the other, which has to be borne by the buyer.

3) The cooperative court has held that the housing society can place reasonable restrictions on the transfer of a flat to prevent nuisance from unwanted elements but that does not mean that the society can have such a right of profiteering, out of the co-operative movement.