1.Under Section 29[2][a] of the Act , member has to hold the shares for minimum 1 year before he/she transfers his/her shares. That is he/she can not sale his/her flat before 1 year.
2. Above rule is not applicable to nominee/ legal heir or any one who become member due to Court Order .
3. Under Rule 24[i][b] of the Maha. Co. Operative Society Rules,1961 any member which intends to transfer his/her share in a co-op housing society has to give minimum 15 days notice to the society together with the consent of the proposed transferee.
4. After receiving this notice this notice has to considered by managing committee with in 30 days from the received date and if the member is ineligible to transfer his/her shares it has to be communicated to the member through secretary with in 8 days of decision taken on notice.
5.If member applies for NOC,the society must consider the same on merits within 1 month and give with sign of both chairman and secretary. If it is not possible to give NOC to member secretary should inform member in written with reason.
6.To transfer the share of deceased member committee should work according provision given in Under Section 29[2][a] of the Act
7. After receiving share transfer application by applicant within 3 months from the date of receipt of application committee should take decision on it And inform this decision with in 15 days from in written to applicant.
8.If the applicant does not receive any intimation from the society within 3 months from the date of submission of application, it is has to apply for deem membership U/S 22[2] and if application refuse the U/S 23[2] applicant has to apply to Registrar of society.
9. If society refuse to accept the transfer application the U/S 23[1][a] this application is send through Registrar of society to the society
10.Registrar should take decision on such Application within 60 days
11.Applicant must submit all document as mansion in Bye-Laws no 38[e].
12.Applicant must pay Transfer Fee[RS. 500/-],Membership Fee[RS. 100/-],Transfer Premium[Maximum RS.25000/-] along with application .
13.Transfer Premium rate to be fixed by general body,but within the limits prescribed by circular issued by Govt. on 20/12/1989.[view on this blog]
14.Share transfer of deceased member, flat exchange between to member of same society,or flat transfer between family settlement deed than they do not have to pay Transfer Premium
15.If transferor or transferee want to take loan from financial institute and then want NOC then society must give this NOC as per given format.If it is not possible to give NOC to member secretary should inform member in written with reason.
16.For Any dispute regarding NOC between society and member Register decision is final And bound to both party.
after the death of my father,I want to transfer the flat in my name,but secretary asked me for my sister's NOC,can any one help me out of this or sample of NOC letter?I have only one sister.Thanks,Vimal Trivedi,tvimalr@gmail.com
ReplyDeleteas per bye-laws no 34 or 35 you have to submit the transfer document to transfer the share certificate for all legal heirs of your father NOC you have to give notary NOC on stamp paper of 100/- for that you have to contact advocate which will make NOC depending upon your case
Deletesir
ReplyDeleteI m the secretary of a regd. co. op. hsg. soc. I received an application from a member whose date of registration for selling out his flat is before 25 months back. But now he has submitted the pps. for transferring of share after 24 months. by the time he has not intimated the society for selling of his flat and till date he is the owner of the flat. pl guide me for the precaution to be taken for transferring the pps of his flat to the second purchaser.
Dear Pardeshi, Firstly remember that it is duty of the buyer and seller of the flat to transfer the Share certificate on the buyer name. If they come after 10 year then it is not Society fault.You should CHECK that owner is take the NOC from society and paid Transfer Premium to Society. If not inform him/her in Written on Society Latter head to take the NOC from society and inform him/her about Transfer Premium what he/she suppose to pay as decide by AGM of Society for his/her flat transfer. Take Rupees 600/- [Rs. 500/ for transfer charge + Rs. 100/- for new member membership charge] along with Transfer Premium. Go through the check list for transfer of flat after resale post on this blog. if all document is as per check list then transfer this flat to new owner name.
ReplyDeletesir can society charge current premium . or previous decided by GB
Deletesociety can charged premium which is approved and pass by GB but maximum up to 25000/-
DeleteSir, Is there any procedure to submit a set of docs towards transfer of share to the registrar of the soceity?
ReplyDeleteyou first have to submit the document to MC of Society if they refuse your transfer or did not inform you any thing about your transfer in 3 months then apply for Deemed membership at Registrar office. But first you have to approach to MC of Society you can not submit directly to Registrar of Society.
ReplyDeletei have a situation.. attention of experts is invited:
ReplyDeleteMr. ABC (HUF) transfer his flat to Mr. ABC (individual capacity). is transfer fee/premium/donation applicable and payable
If Mr. ABC[HUF] transfer his flat through Register sale deed agreement to Mr. ABC[Individual capacity] then only ₹500/- Transfer Charges + ₹ 100/- membership charges is required. No transfer premium required.
DeleteSir,
ReplyDeleteCould you please sharewith me the format for share certifcate of co-operative housing society
Share certificate format is available in Federation Office
ReplyDeletesir,
ReplyDeletecan u elaborate difference between Transfer fees and Transfer Premium and what is Maximum limit of that.
Thanking you
In normal terms or in simple language Transfer Fees is process charge/fees. Transfer Premium is premium for that share certificate OR extra charge for that share certificate from the face value paid by person. For fees maximum it is Rs. 500/- for premium it is Rs. 25,000/-
ReplyDeletei had purchased a flat in the coop hsg society in november 2012 and submitted all the documents to the society for transfer of shares from the previous owner to mine and till the society has not transferred the share certificates on my name saying that it would be done in the AGM. what is the maximum time society should take for the transfer of shares
ReplyDeleteMy maternal grandmother, (Nani) and myself are equal (50% each) owners of a flat after the death of my maternal gandfather (nana), through the nomination process.
ReplyDeleteNow my grandmother, who is 91 years has gifted me 50% of her share in the flat through a Registered Gift Deed.
The Society is asking a premium of Rs. 25,000 to transfer her 50% to me, that would make me 100% owner of the flat?
Do I need to make payment of this 25,000 to the Society as per bye laws? Does that fact that we are related or the fact she has nominated me for her portion of the share at the time of her death, make any difference,whereby I can avoid paying the Society the premium on transfer of her 50% of the shares to me.
Also we are both existing members of the Society as we are each 50% owners of the flat.
Please advise.
No you donot have to pay Rs. 25,000/- premium charges for transfer of share in your name as per bye laws No. xxv and bye laws No.38 NOTE.
ReplyDeleteYou have to follow the following process :-
Make covering letter addressing to secretary saying that you are now 100% owner as per the gift deed and attacheing the following copy of gift deed , transfer set all forms [this available on the blog] along with cheque of Rs. 500/- as transfer charges. You do not have to pay membership charges of Rs. 100/- as you are already member. Take the acknowledgement of secretary that on xerox copy of covering letter. And waite for their reply ask them to give written reply if in 3 months they do not give reply file application in Deputy registrar of C.S. for transfer of Share. attached acknowledgement copy xerox with application. Registrar will transfer the share on your name.
Sir;
ReplyDeleteI am Hon. Secretary of a Registered Co-operative Housing Society. A member of our Society wants to transfer share certificate, which is presently in the name of the member & his wife jointly as per registration documents, to his name. The member's wife expired before five years. Please provide your guidance for the precaution to be taken for transferring the share certificate, to his name.
If members wife has given Nomination in society and it is register in the Nomination then transfer the share as per nomination
ReplyDeleteIf wife has maid any WILL then ask member to produce the probate of WILL and transfer share as per probate
If no nomination or no WILL is their then ask the member to give Succession certificate OR Legal heirs certificate from Hon. Court then transfer the share as per Succession certificate / Legal heirs certificate.
document list link:- http://housingsocietymaharashtra.blogspot.in/2012/01/checklist-of-transfer-document-for_23.html
ReplyDeleteHi,
ReplyDeleteMy society is charging Rs4,00,000 as transfer fees. How can i avoid this fees and still get the flat transferred in my name. I am willing to pay Rs25,000 as prescribed by the bye-laws.
Kindly help..
No you donot have to pay Rs. 4,00,000/- as transfer fees.
ReplyDeleteyou have to just give the covering letter to Secretary of society saying that you are submitting the following document for Transfer of Share certificate
1. Xerox copy of Agrement for sale duly Registered with sub Registrar ____.
2. Xerox copy of Stamp Duty & Registration Fees paid.
3. Form No: 20[1], 20[2], 21, 23 & Form No: 25 [1], 4 on Stamp Paper of Rs 100/-.
4. Resignation from old member Form No. 13
5. Possession letter.
6. Cheque for requisite Transfer Fees Rs 500/- & enterance Fees Rs 100/- Transfer Primum Rs. 25000/- Chq. No. _______ Dated _____ Bank Name_____ .
7. Original Share Certificate.
8. Nomination Form in Triplicate.
Take acknowledgement on xerox copy on covering letter from Secretary that he/she received the documents. Wait 3 months if no positive OR negative reply from secretary. if no reply come then file application in Dy. Registrar of C.S. Office in your area for Transfer of Share. If Secretary do not accept the hand delivery then send by Speed Post. If Speed Post return then file application in Dy. Registrar of C.S. Office.
Thanks for your response. The society has not issued the Shares Certificate yet as it has been newly formed. Should i wait for them to issue it in the name of the First owner?
DeleteIf Share certificate is not issue yet and if you buy the flat before the society registration date/ Registration certificate issued date then Share Certificate is issued directly in your name. For eg. If say society Registration date i.e. Registration Certificate issued date is 17/12/2013 and if you have buy flat on 16/12/2013 then Share Certificate is issue directly in your name. you do not have to pay transfer fees.
DeleteHi,
ReplyDeleteI had purchase resale flat from first owner on 1 sept 2013. before purchase me and first owner had paid transfer fee to society (fifty fifty). one 1 October I given all document to society also paid 500 +100 fee for transfer. I took home loan so my share certificate was with Bank, they had given it to society on 15 October to transfer it on my name. After constant follow on 30 November society said that we are not going to transfer it until unless I will remove shade on my flat terrace which was developed by first owner on 2008. I am also not ready to remove it since many other society member currently holding it and they had given NOC to bank said that flat is free for sale and society do not have any obligation. can you help me how I can procedure further and I want to file case how and where I can put my case.
You can file case for deemed membership U/S 23[2] at Dy. Registrar of C.S. of your area saying that society refuse to transfer the membership say that I have to remove the shade which is constructed by old member and befor buying this flat on loan society has given me NOC. No they refuse to transfer membership.
ReplyDeleteThank You very much for quick response. I have one more query. what will be the outcome of my case to Dy. Registrar of C.S. Does Registrar inform to society to do transfer or they will directly transfer? how much time will they take? Is there any specific document form to file case to Dy. Registrar? what are things I need to include in my case.?
DeleteDy. Registrar of C.S. will take hearing in which both you and society has to present and he/she pass the order that society has to transfer the Share Certificate after hearing the both side. For filing case you have to submit the copy of acknowledgement given by society that they received transfer paper and if any other written committion done by society and you regarding the transfer along with copy of your agreement.
ReplyDeleteHi Visariya, Thank you very much for reply... Currently I don't have any acknowledgement letter when I submitted documents and transfer paper, I have only receipt of payment 500Rs (Transfer fee ) + 100 Rs Entrance fees on 06 October 2013. I wrote one letter to acknowledge receive of documents, now society secretary decline to give any acknowledgement. should I send Notice to society to know current status of my transfer ? can you guide me to process further .
DeleteSecond Society concreted new gate in front of my building since society already have one big gate in central of society. due to new gate now I am facing lot of issue like security, privacy, dusting, additional noise. Can I register complain ? where can I put my complain?
You can now file application for deemed membership U/S 23[2] at Dy. Registrar of C.S. of your area saying that society refuse to transfer the membership. Attached copy of Receipt of payment of transfer fees and membership fees along with the letter you wrot to secretary for acknowledge of document of transfer set.
ReplyDeleteFor gate problem you can file complaint in Local Municipal Authorty. You can ask Authorty on which ground they give permission for construction of new gate. Is this as per section plan submitted by builder/society?
Hi Visariya, Today i attended first hiring. Dy. Registar said that you can not file case under U/S 23(2) since you don't have proof that you have given application to society and also don't have proof that society has rejected your application. Society hire advocate and Dy. Register only hearing him only. Society Advocate claim that I have created illegal construct.
DeleteIt shows that after submission of documents along with transfer set you have not taken sign from society that society received this documents. Regarding illegal construction society has to fill case in municipal authority or in civil court. registrar can not do any things about this.
DeleteThis comment has been removed by the author.
DeleteHi Visariya, Thank you for your constant Guidance... On 25 March I had resubmitted all the documents and take signature from society that they had received my application on 25 march. Now My next hiring is on 24 Apr 2014. by looking behaviour of Dy.Registarar I think case will goes to against me... Can you give me reference of any advocate in Pune who is practicing in Co-Operative society if you have. Once again Lot of thanks
DeleteAdv jayant kulkarni - 9422007510
DeleteHello,
ReplyDeleteIs it compulsory to pay Premium free? is there an option to avoid that?
Sir one more thing, can society charge Non-Occupancy Charges for one who has registered his Flat but not done transferred in the society?
ReplyDelete-What is the max time period to transfer the Flat in the society? is there any drawback if not transferred?
Sir,
ReplyDeleteI have purchased a flat in a residential building. The secretary of the society has asked me to produce an affidavit stating the purpose of the flat use. Is this compulsory to be provided under any law before the society can make the owner a member and if not what should be my recourse.
The secretary says that he will be demanding such an affidavit from all the members of the society.
Since I am not a member yet, technically how can i give an affidavit before the society makes me a member. I guess only members can provide an affidavit. Also it should be voluntary and not a compulsory document to be provided.
Firstly, sorry for late reply as I am on vacation.
ReplyDeleteI assume that you have purchased flat in resale [not from builder directly]. In resale flat you have to submit the copy of agreement and transfer set along with original sharge certificate which include all required forms and affadivate. The link for transfer set is as follow.
http://housingsocietymaharashtra.blogspot.in/2013/07/transfer-set.html
Affadivite is compulsory.
Hi, I have purchased a flat in a residential building. The secretary of the society has asked me to produce let gal opinion of documents unless which society will not transfer in my name. I have paid the transfer charges of 25,600. Is it compulsory to provide legal opinion of documents for transfer of name in society.
ReplyDeleteThanks.
No. It is not written any MCS Act 1960 and Rule 1961 to produce Legal Opinion of Document to transfer a share certificate. So it is not compulsory to produce this. Ask Secretary to give it to you in writting on society letter head. If he give this then make complaint in Dy. Registrar C.S. Office.
ReplyDeleteSir, I am a Hon. Secretary of the co-op. hsg. society. Recently there is a sale transfer and the seller is asking for NOC. I would like to state that the seller has encroached his residence which is in a row house system. Before giving NOC I requested the Chairman before giving NOC the seller has to restore his residence as per original sanctioned plan. The chairman said this is our procedure we are giving NOC only after removing the cement sheet. I told him I am not going to sign NOC till he restore original structure. pls adivse
ReplyDeleteFirst you have to fill complaint on Local Municipal Authority regarding this encroachment. You have give the letter to both seller and proposed new buyer that in this house encroachement is done untill it restore as per original plan society will not issue any sell NOC nor transfer share certificate.
ReplyDeleteHello Sir,
ReplyDeleteI have purchased a resale flat, while purchasing society was asking both side transfer fee 25000 + 25000,
We refused to pay both side and some how we paid 25000(seller side) & commited to chairman that will pay 8000 from buyer side when come for member registration,
So Society issued us NOC required for bank loan and we proceed with Sale agreement & registration deed and paid all registration & stamp duty amount.
Now after 2 months later i have came to society and asked them to process my membership in society, but now MC asking me to pay 25000 as transfer fee, which does not seems ethical for me as the transfer fee of 25000 already paid by seller & i am ready to pay 8000 for society fund, but as going through your blog i noticed that if i paid sale deed/sale registration fee & stamp duty than i need not to pay transfer fee(25000), is it true please guide, also plz clear if its required to be paid by both parties(seller & buyer).
Thanks
No you donot have to pay any extra amount for transfer of share.
ReplyDeleteRs. 25,000/- as transfer fees[In BMC Only] is one time only. either paid by seller or buyer or buyerand seller paid 50-50 but receipt will be in the name of seller.
Please go through the link for transfer fees.
http://housingsocietymaharashtra.blogspot.in/2011/07/gr-for-transfer-premium.html
you have to just give the covering letter to Secretary of society saying that you are submitting the following document for Transfer of Share certificate
1. Xerox copy of Agrement for sale duly Registered with sub Registrar ____.
2. Xerox copy of Stamp Duty & Registration Fees paid.
3. Form No: 20[1], 20[2], 21, 23 & Form No: 25 [1], 4 on Stamp Paper of Rs 100/-.
4. Resignation from old member Form No. 13
5. Possession letter.
6. Cheque for requisite Transfer Fees Rs 500/- & enterance Fees Rs 100/- Transfer Primum Rs. 25000/- Chq. No. _______ Dated _____ Bank Name_____ .
7. Original Share Certificate.
8. Nomination Form in Triplicate.
Take acknowledgement on xerox copy on covering letter from Secretary that he/she received the documents. Wait 3 months if no positive OR negative reply from secretary. if no reply come then file application in Dy. Registrar of C.S. Office in your area for Transfer of Share. If Secretary do not accept the hand delivery then send by Speed Post. If Speed Post return then file application in Dy. Registrar of C.S. Office.
Sir,
DeleteIn this reply you mention that Transfer fees can be paid by Buyer OR Seller OR by both in equal proportion.
Is there any law / regulation which states this?
A model bye-law in Mumbai suggests that the transfer fees and Premium are to be paid by Transferor.
Can you please point out if it is mentioned somewhere (online resource?) that the onus of payment of Transfer related charges can be with either of the parties and that it is mainly on the mutual understanding.
As per law it has to pay by Transferor. Society will issue receipt on Transferor name. But on mutual understanding both Buyer and Seller pay 50% each. This is now a days normal process follow now a days.
DeleteHello Sir,
ReplyDeleteI am a secretary of JaiBalaji Krupa Chs Ltd , actually i want to know that after the death of one shareholder in society for transferring his share certificate to his nominee should society take any fees from them
Rs. 100/- Membership Fees and Rs. 500/- Transfer Fees. Total Rs. 600/- has to pay by nominee
DeleteHi, How and where to get Membership and share transfer form. I had purchase resale flat.
ReplyDeleteIt is available on by blog
ReplyDeleteAs decide in you First AGM you can ask transfer charges. and ask him to pay in advance
ReplyDeleteHello ,
ReplyDeleteI am treasurer of a society ,now a shop owner wants to gift his shop to his daughter does he need to pay transfer fee to society.
Yes Transfer Fees and Membership fees is applicable but Transfer premium is not applicable in this case.
DeleteLast answer which u given related to transfer fee.. I want to kbow that the reson why transfer premium not applicable for her.
ReplyDeleteFamily means Group of persons which includes husband, wife, father, mother, sister, brother, son, daughter, son-in-law, borther-in-law, sister-in-law, daughter- in-law, grandson/daughter.
DeleteTransfer Premium shall not apply to transfers of shares and interest, of the transferor in the capital/property of the society to the member of his family or to his nominee or his heir/legal representative after his death and in case of mutual exchange of flats amongst the members
Does the family clause also apply if a person wants to sell the flat to his father in law or mother in law? We have a case where a member is selling his flat to his father in law and hence says that he does not have to pay the transfer premium. Also his father in law holds another flat in the society already so he claims this as another reason to not pay the premium.
Delete--
Thanks,
Mahesh.
yes it apply. In your case father in law are suppose to take permission from society for holding more then one flat in society.
DeleteDear Sir, I am the Secretary of the CHS in Thane and facing situation where one of the flat is sold by member. We are chasing them for transfer fees and premium but the both are not responding. Also, they have got finance from LIC without our NOC which we believe is not normal. What could be our course of actions if both member did not agree to payment transfer fees and premium. Can we stop water supply etc.
ReplyDeleteFirst you inform in written to both buyer and seller in written in society letter head following are the amount of Transfer Fees, Entrance Fees[ Membership Fees] and Transfer Premium which seller has to pay along with 1. Xerox copy of Agrement for sale duly Registered with sub Registrar ____.
Delete2. Xerox copy of Stamp Duty & Registration Fees paid.
3. Form No: 20[1], 20[2], 21, 23 & Form No: 25 [1], 4 on Stamp Paper of Rs 100/-.
4. Resignation from old member Form No. 13
5. Possession letter.
6. Income Tax Undertaking Form 25[a] on Rs. 100/- stamp paper else Society will not transfer Share Certificate and Society Maintenance bill to the buyer name. In future society will not issued any kind of NOC like Property Tax bill Transfer, MSEDC Bill transfer, Maha Nagar Gas transfer, Pass Port NOC, Bank Loan NOC to buyer. You can also make cc of this letter to LIC from which buyer take loan.
If buyer take Loan from Life Insurance Corporation Of India [LIC] then he/she will not required Society NOC as per Commissioner of Co-operation Order. But if he/she take Loan from Life Insurance Corporation Of India Housing Finance Limited [LICHFL] then he/she required society NOC.
Dear Sir, Another issue is last year we (actually made mistake) 12 CHS formed Federation so that common issues Club House, Festivals etc can be handled by common team. But, the game became dirty when federation started taking everyone granted. The communication / verbal language changed to worst. Few people started taking wild decision this is going on. As this is non Cooperating Society (Federation), can they force us to follow what they (few people) decide. They are forcing to have conveyance on Federation name rather than society. They started charging on common parking, They are not sharing income and expense. Despite the registrar representative instructions, they freezed the MC for 5 years. Bylaws were not discussed with any one yet but given to registrar. They says Chairman of Federation is authorised to spend 1 lacs INR without approval of committee. We tried to form (rebel team) to make things transparent but they literally fought in AGM. Proxy were asked to leave the meeting. Can you suggest remedy to overcome or can we as society be withdraw the membership from Federation. PLEASE, need your expert opinion.
ReplyDeleteFirstly It is surprise for me that without reading Federation Bye-Laws your society sign that and Federation is registered. Now you want copy of Federation Bye-Laws and audit report copy then you can ask under RTI Act-2005 to Dy. Registrar of C.S. THANE to give Certified True Copy of your Federation Bye-Laws & Audit Report copy. All decision for celebrating different festivals ,use of club house etc and all expense has first approved in Monthly Meeting of Working Committee of Federation then in AGM of Federation. Regarding authorisation of Chairman for Rs. 1 Lakh is it written in Federation Bye-Laws ? For proxy you have to go through provision of bye-laws.
ReplyDeleteIf you want to withdraw membership from federation then write application to both DDR, Thane & Dy. Registrar of C.S. THANE for the same. Since they have the power to approve your withdrawal of membership.
Thank you for detailed reply.
DeleteDear Sir,
ReplyDeleteMy mother and a family friend(non relative) each were holding 50% shares of a flat in a cooperative hsg society.Inorder to make my mother 100% holder of the flat,the family friend relinquished his rights by following required procedures with the registrar.Now,to change the names in books of records of the society what is the procedure to be followed.Please guide us
Following document you have to submit to transfer 50% share & flat in your mother name in society records.
Delete1. Xerox copy of Release deed Agreement duly Registered with sub Registrar of Assurance.
2. Xerox copy of Stamp Duty & Registration Fees paid.
3. Form No: 21, 23 & Form 4 on Stamp Paper of Rs 100/-.
4. Resignation from old member Form No. 13
5. Possession letter.
6. Income Tax Undertaking Form 25[1] on Rs. 100/- stamp paper else
Hello Sir,
ReplyDeleteI am purchasing a flat in a Co-Op Society in Pune. Seller has paid the Transfer Premium of Rs 25000/-, & Rs 600/- as transfer Fee, I have already done sale deed after taking Society NOC, Now the society is asking me Rs 25000 as Entrance fee and asking me to pay maintanance due's of Rs 20000 of earlier flat owner.
Please guide me for two thing:
1) is there any thing called entrance fee and if yes does it has any limit?
2)After issuing bank's NOC by Society, is the Demand of uncleared maintenance of old owner to be filled by new owner is acceptable?
Thanks in advance for your valuable answers..
Enterance Fees is Rs. 100/-
ReplyDeleteNow you are not suppose to pay any unclear maintenance since society issued NOC for Sale means all dues are clear
hello Sir,
ReplyDeletei purchased ownership premises during 2013 March. submitted all transer doc. along with 25000 chq original share certificate, which society has admitted in their letter. office original indenture contains two names but share certificate carries only one name. hence we made share holder as seller and other party as confirming party and it is regd doc. now after 7 months the society is saying after rigorous followup, not possible to transfer because we have not made the second person as seller. they are asking me for the indemnity bonds. pl advice. thanks and regrds
sir
sir
If society asking indemnity bond and then transfer the share then you can do that. But in my advise is that you have made mistake. Make correction deed and change confirming party as seller so that you can get clear title of flat elae in future you may get trouble to rise loan or selling flat
ReplyDeleteDear Sir,
ReplyDeleteMy siblings and I are nominees on my deceased mother's flat. We would like to submit the application for transfer of flat to our names. However the application states that the Affidivats and Non-Indemnity letters be submitted on stamp papers of Rs. 100/200. We live outside India and do not have access to these papers. If we notorize the papers here either through an Indian Consulate or via a public notary and have the Consulate attest those papers, will the housing society accept such authorities or will be still required to submit the letters on non-judicial stamp papers. Thank you very much for your response.
You have to give affidivate and indemnity bond on stamp paper with duly notorize. You have one options ask your advocate or friend to type the format on legal size paper and frank it for Rs. 100/200 stamp duty and send it to you then you can notorize it through public notory or consulate and send back to society
Deletecan share certificate transfer when paper in registration office and registretion is in under process?
ReplyDeleteNo. After getting copy of registered agreement and transfer set then only share certificate can transfer
ReplyDeleteSir,if x and y are 50-50% shareholders of a flat in CHS and x dies,then will the shares of x
ReplyDeleteautomatically go to y or it will go to x's son(not yet nominated)
share of X. Will go to X All legal hires. All legal heirs have to produce either succession certificate or legal heriship certificate.
DeleteI had purchased a flat in 2011 and submitted all the forms to the secretary but the problem is the share certificate does not have the name of the person from whom I had purchased the flat, its still in the name of 1st owner and I am the 3rd owner. Also both the 1st and 2nd owner are not reachable how can I get my name added in the share certificate.
ReplyDeleteYou have done mistake that you have not check share certificate. first you have to submit the transfer set for transfer share certificate in the name of second owner.for that you have to take sign of first owner & second owner. then after one year of date of transfer of share certificate in the name of second owner your name will transfer. Sorry but their is No other process.
DeleteI have submitted my set of transfer papers (between 2owner and me) to society in 2011 society had given NOC for sale of flat also I had also paid premium to society and they gave clearance to the bank also.
DeleteNow best way is goto cooperative court and get order for transfer of share certificate.
ReplyDeleteSir
ReplyDeleteI have purchased flat got registered. Then visited for share transfer at society. One of society member took our zerox coppies of my set of transfer paper without acknowledging me. And after some days when I asked for charges , Secratory told me pay 46000/- as transfer fees and 500/- and 300/- .
Our agreement we have decided equal contribution towards transfer of shares. I have paid full amount to seller already. Now sir pls guide me for the same in this situation.
I also want to give my flat on rent. Is there any problem in the same.
Pls guide.
Transfer premium is Rs. 25000/-, Transfer fees Rs. 500/- & Membership fees Rs. 100/- . Now file complaint to Dy. Register of C. S. that society not transfer the share certificate in your name. As per agreement you have paid. 50% of payment to seller and society is not transfer the share certificate to your name.
ReplyDeleteFor leave and license make register leave and license agreement , inform local police station in their format and give copy of agreement and police information to society along with form 29. & 11
Sir,
DeleteSeller is not responding us properly with us as regards 50% contribution towards transfer Fees. What actions can take on seller in this stage?
I assume that you have paid 50% contribution by cheque. Please find that following clause is written in your agreement
DeleteIn the event of any dispute pertaining to any matter relating to the transaction or any matter arising out of the interpretation of this Agreement shall be referred to two arbitrators one each to be appointed by both the parties hereto and thus, disputes and differences shall be resolved in accordance with the provision of Arbitration & Conciliation Act 1996.
If yes then go for arbitrator else file case in Court.
Sir,
ReplyDeleteI have entered into an agreement for sale and completed the registration and stamp duty process of a flat in a registerd society.
This is a resale flat and will be the 3rd owner.
The full and final payment still remains.
The share certificates for the society however are still in the 1st owners name. The second owner had not transferred the same in his name.
Pls suggest how I can get the share certificates in my name.
first you have to submit the transfer set for transfer share certificate in the name of second owner.for that you have to take sign of first owner & second owner. then after one year of date of transfer of share certificate in the name of second owner your name will transfer. Sorry but their is No other process.
ReplyDeleteHello Sir,
ReplyDeleteMy husband and me are jt owner of the flat as per agreement and share certificates. My husband was the 1st member. Recently he expired. There is no nomination documents in the society file though my husband had verbally informed me that he has made the nominee of my son who is abroad.
Pl let me know the procedure of transferring his shares in my name and the fees documents thereof as i am the jt owner as per agreement etc. once this is done how do i make my son jt owner.
Regards,
anjali b chakraborty
9833284960
In your case you have to apply for Succession Certificate from Hon. Court. Remember you can apply for succession certificate with in 2 years of your husband death. after getting succession certificate give copy of this to society and then society will transfer the flat as well as share certificate.
DeleteHello,
ReplyDeletei have purchase one flat, whose owner expired long back, after that this flat heir to their daughter and son. Now i have purchased that flat. I want to know whether share certificate of that flat is first transfer to heir (Daughter/son) then me or it will directly transfer to me. please help.
First Share certificate is transfer to HEIRS. Than heirs has to take permission from Hon. Court for sale of the flat. Then they can sale this flat to you. then share certificate is transfer to your name.
DeleteActually i have purchased that flat. Court has made them Heir. but share certificates not yet transfer to Heir itself before selling the flat to me.
Deleteplease suggest
submit the copy of heirs certificate issued by court to society along with form required as per bye-Laws no. 34. then society will transfer the share certificate to heirs name
Deletethanks a lot
DeleteThis comment has been removed by the author.
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteHello Sir,
ReplyDeleteI purchased flat as resale from 1st owner and not from builder. At that time society was not formed and I paid NOC charges to the builder.
Now conveyance deed is done and society is formed but my name is not there in society or share certificat. It has old owner name.
I asked this to builder and he says he had already sent the documents of others to CIDCO when i purchased this flat and therefore its not been done and i have
to do CIDCO TRANSFER from myside.
Now when i apply for transfering of name from cidco i need to have resolution-cum NOC from the society for which society is now asking to pay RS.25000.
Please help me what to do next. Because i have already paid 1L for the same thing to builder and now i am being asked to pay to the society as well.
Regards
Rajesh
File Case against Builder and Society in Office Of Dy. Registrar Co-operative Society, CIDCO saying that Builder has given wrong information while forming of society and society is not issued Share Certificate in your name. Since you are the owner of flat when society is formed. And society asking Rs. 25000/- from you as Transfer Premium from you. After taking hearing registrar will pass such order.
DeleteSince supposed your society is register on 28/06/2014 and you have taken flat ,registered your agreement and taken possession from person on 20/06/2014 , [Builder is also know this transaction since you have paid NOC Money to him] so it is builders responsibility to change the necessary name in Dy. Registrar of C.S. Office being a chief Promoter of Society.
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ReplyDeleteHello ,
ReplyDeleteWhat is maximum limit for Society transfer charges ?
I have recently purchased a resale flat and society has informed me that we need to pay 2.5% of our agreement value for transfer , which comes out to be 80K ? Is it by law. I dont have much knowledge in this area but finding it way beyond the maximum limit of Rs. 25,000/- which I have read in so many articles today. Can you please help ?
Thanks & Regards ,
Mahesh.
Transfer Fee RS. 500/-
DeleteMembership Fee RS. 100/-
Transfer Premium Maximum RS. 25000/-
The circular is post on my blog. File complaint in your area Dy. Registrar C.S. that society asking more money for transfer of share. You may also inform Income Tax office so that they can inquire about Tax Return of society since the premium is taxable income.
HI,
ReplyDeleteI have purchased a resale flat in 2013. Have obtained NOC from Builder as society was not formed by that time. Builder had confirmed to HDFC that he will inform the society as and when formed about flat being mortgaged.
Society was formed couple of months later. I have been following up with society to trasnfer the shares in my name since I have all documents prior to society formation.
Society is debating that I need to pay INR 25000 since there is no evidence that I had requested the builder to include my name in share certificates during society formation.
The society claims that first owners name is present on share certificates but not providing any evidence of the same
Let me know what is correct process and do I need to pay any transfer charges
Thanks
Anil Jagdale
anil.jagdale@gmail.com
Evidence :- You have taken loan from HDFC. you obtain NOC from builder for taking Loan from HDFC as per HDFC format. Go through that Loan NOC format. In that format it is written that builder has to inform the Society or any other legal entity that your said flat is mortgage in HDFC. Ask your HDFC relationship person he/she will give you photo copy of NOC.
ReplyDeleteSupposed your society is register on 28/06/2014 and you have taken flat ,registered your agreement and taken possession from person on 20/06/2014 , [Builder is also know this transaction since you have paid NOC Money to him] so it is builders responsibility to change the necessary name in Dy. Registrar of C.S. Office being a chief Promoter of Society.
File Case against Builder and Society in Office Of Dy. Registrar Co-operative Society, of your area saying that Builder has given wrong information while forming of society and society is not issued Share Certificate in your name. Since you are the owner of flat when society is formed. And society asking Rs. 25000/- from you as Transfer Premium from you. After taking hearing registrar will pass such order.
Sir we have purchased an apartment in redeveloped society from builder. Now old members are exhanging their old share certificate with old.But they are not giving share certificate to new members until we pay rs. 25000/- as entry fees. They says it is as per by laws of society. Our point is as the old society is dissolved and new society is formed with addition of a word " NEW " to existing name of society, then how we are entitled to pay entry fees? Can you please guide us on this.
ReplyDeleteIf new society is register then all have to pay entry fees of Rs. 100/- and share Money Rs. 500/-.
DeleteAlso read Development Agreement is it written that new member has to pay Rs. 25000/- to become member in society.
A daughter has transferred her share in a Flat to her mother of which she is 50% jt. holder withe her father. Does this transfer need any Affidavit from her relatives for no objection for this transfer ? The flat was purchased by her father and her as joint holder before her marriage. And sold after marriage. Now she has gifted her share to her mother. Please guide me in this direction as what documents to be produced to society. I am secretary of the society.
ReplyDeleteYou have to take following document
Delete1. Stamp duty paid & registered Gift Deed. Registered in Sub Registrar of Assurance Office , No notary deed
2. Form 20(1) & 20(2)
3. Form No 21
4. Form No 23
5. Form No. 13
6. Form 4 on Rs. 100/- stamp paper
7. Form 25(1) on Rs. 100/- stamp paper
Sir,
ReplyDeleteI am staying in a CHS. Our flat is in the name of my husband and my father in law. We are the second owners of the flat. We took a loan from ICICI bank and the first owner of the flat had the loan form ICICI only. At that time, we completed all the paper work and the papers of the flat were mortgaged with the bank. Now, we want to sell our flat since it is 1bhk and we want ot buy 2 bhk and we have come to know that the share certificate of the flat are still in the name of the first owner and have not been transferred in our name. We have been paying EMIs for more than 5 years now and the bank is denying the transfer of share certificate in our name stating that we have to get a letter from the society. The society has also denied issuance of the letter and now we are left with no where to go. Please advise as to what can be done to rectify that since we have been staying in the society for more than 5 years. Please please please advise.
I think you have not submitted the Transfer Set in society. If you have submitted the Transfer set then in AGM your share certificate get transfer. I am not understand How can bank accept share certificate with out transfer ? Now bank has to write letter to society that at what time & day bank person come to society office so that managing committee can transfer the share certificate to your name. then society will inform the bank and your share certificate will transfer provided you have submitted the transfer set.
DeleteDear Visariya Sir,
ReplyDeleteSir I have one query regarding Society Share Certificate (Property Gift Deed), I wish to transfer Society share certificate I want to know which documents required?
This property gifted to daughter to father (Proper Gift Deed Done) but still share certificate not been transfer so we want to know the procedure to transfer society share certificate, want to know the which forms required (Form no.) and how many charges required?
Thanks and Regards
Prathmesh
1. Stamp Duty paid and registered Gift Deed
Delete2. Form 20(1) & 20(2)
3. Form No 21
4. Form No 23
5. Form No. 13
6. Form 4 on Rs. 100/- stamp paper
7. Form 25(1) on Rs. 100/- stamp paper
Charges Rs. 100/- Entrance Fees & Rs. 500/- Transfer Fees
No shorter process for transfer of share.
ReplyDeleteyou should take proper NOC for purchase /Sale flat in registered CHS by society. Since you are member in society and you did not know Transfer Premium ? i surprise
Dear Sir,
ReplyDeleteThanks for your guidance.
As per your guidance I approached Dy.Registrar and met him personally.
I briefed him about my issue. But surprisingly he says that I will have to pay this amount to the society as the builder has cheated and not the society.
And registrar can not do anything in this. He told me to go to consumer court for resolution.
Now I am clueless. Kindly help me on this.
Regards
Rajesh
I think you have not given written complaint along with necessary document like copy of your agreement , society registration certificate. If you have given written complaint then ask Dy. Registrar to give you written reply. You have to prove the registrar that you have purchase flat & have the possession of flat before society registration.
ReplyDeleteShare transfer of deceased member, flat exchange between to member of same society,or flat transfer between family settlement deed than they do not have to pay Transfer Premium..........Can you also list the exact law where family members are exempted for transfer fees
ReplyDeleteBye-Laws No. 38 [e] [ix]. The condition at Sr. No. (ix) above shall not apply to transfers of shares and interest, of the transferor in the capital/property of the society to the member of his family or to his nominee or his heir/legal representative after his death and in case of mutual exchange of flats amongst the members
DeleteDear Sir,
ReplyDeleteRecently in AGM of society it is decided to take Donation from the Seller for Rs. 10,000/- in addition to Transfer Charges of Rs. 25,000/-.
Please let me know if it is right on behalf of the Society to charge above amounts.
Best Regards,
Murali
Dear Sir,
DeleteWaiting for your advice.
Murali
No. Donation can be taken as per MCS Act 1960. Also Donation for housing society is come under 30 % taxable category as per Income Tax Act
DeleteDear Sir,
ReplyDeleteOne of our tenant has removed concreat rack from his MHADA flat. Society has charged Rs. 20,000/- as fine and have compelled him to refit the rack.
I would like to know if society can take fine on above matter and is there any limit in such fines.
Best Regards,
Murali
Fine limit is Rs. 1000/- only. Society should inform the local municipal authority & MHADA regarding this since this may damage the structure of building.
DeleteDear Sir,
ReplyDeleteI am a Associate Member of our Housing Society and the flat is in the name of my wife. My wife does not take part in Society matters and wants me to get involved. Can i become a Managing committee member ? My name is included in the Share certificate as Associate Member.
Please guide.
Regards,
Murali
yes.
Deletesociety is not issuing the share certificate to any flat owner from last 10 years, also builder is the final signing authority on the societies decision. also noc has to be taken from builder and society for the purchase of flat so what will be legal complications in that flat ?????
ReplyDeleteI think your so call society is not register. Since for every process builder is final authority. Before purchasing flat in such society please do Title search of flat as well as land for safer side .
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ReplyDeleteHi,
ReplyDeleteWhile purchasing my flat I forgot to take the previous owners resignation from the society membership. I have completed all the documentation and formalities for getting the society share certificate transferred to my name, however the secretary is insisting for the previous owners resignation from the society.The previous owner has not been answering mine or the secretary's calls/messages and is not contactable. Please suggest a way out so i can have the share certificate transferred to my name
Sorry to inform you that you have done mistake as per MCS Act 1960 resignation is required to transfer share certificate.
ReplyDeleteNow you can execute Indemnity Bound on Rs. 200/- & do register notary give it to managing committee and if AGM approve it then your share certificate will transfer.
Hi. I have sold my flat and the buyer needs NOC certificate for procuring loan from bank hence i gave written application for the same on 23rd October to The Chairman and secretary of the society.I waited for their response for 2 days and then called them on their cell but no response hence i called the auditor of the society wherein he informed me that he had already given the list of documents required for issuing NOC which i think was not mandatory. however i still personally took the documents to secretary in the morning itself and waited till afternoon like mad but he was just ignoring me. then in afternoon he arrived like maharaja checked all my documents and took cheque of Rs.20600/- from me with assurance that he will deposit the same on Monday morning itself and issue the NOC letter on Wednesday after clearnace of cheque.However, i once again visited on Wednesday but no response from chairman or secretary.In night at 10 am i agn spoke to them and reply comes from chairman i am busy i dont have time and reply from secretary the cheque has not been cleared. i felt very embarrass and left from there and next morning that is today i went to my bank to check whether cheque has been cleared so bank manager mentioned me that no cheque has come for clearance which clearly shows they have not yet deposited my cheque or late deposited. secondly NOC letter was type by myself on society letterhead since they dont have time. Now you tell sir it is totally case of harassment as an alone lady. what action can i take against the same? Please help me in regards to the same. I am totally fedup. Please reply.
ReplyDeleteFirst understand that Agent / buyer has inform you previously before finalise your deal that he/she will take loan and he/she required Society NOC.
DeleteIn society C/S/T are not paid employee who will work according to your time.
For NOC minimum 7 days required. For issuing NOC for sale society has to check is their any due , is their any loan unpaid on the flat, is their any court case. You have not taken NOC for sale and you want NOC for loan in 1 or 2 days ? Why you have type NOC for loan. It is C/S/T duty to do that. It is not harassment.
Frankly If i have secretary of your society i simply inform you first take NOC for Sale after that i will issued NOC for Loan. for each NOC minimum 7 days required.
I dont agree with your reply...
ReplyDeleteDear Sir,
ReplyDeleteOur Society have issued share certificate five years back.
Now one of the member has came up with a correction in his surname.
It should have written as Parekh instead of Parikh as already there in the agreement.
Can we do corrections in the share certificate with chairman or secretary's counter sign or should we issue a fresh certificate after cancelling the old one.
Please Guide.
Vikas
you have to issue fresh certificate with same serial no , share certificate no and distinctive no. Take old certificate put cancell stamp on it and keep it in society locker. Write name as written in Agreement
DeleteDear Sir,
ReplyDeleteI had purchased a MHADA LIG flat (180 carpet) as Resale in the year 2000 in my wife name.
As my childrens have grown up, now I wish to purchase similar adjacent flat in my name and connect these flats.
The building is 21 years old.
I wish to know if it is legally allowed to purchase another MHADA flat in spouse name. Will MHADA object to this ?
Thanks,
Murali
Sorry sir I do not know that MHADA allow you to buy the second flat in same and connect both flat. Please check with MHADA office
DeleteIs there any restriction on purchasing more than One flat in MHADA building ?
ReplyDeletenot knowing
DeleteDear Mr. VIsariya,
ReplyDeleteThanks for creating such a nice and helpful blog.
I have purchased a flat in a co-op. housing society building two months back. due to some urgent requirements i need to exchange my flat with other non blood relation in other society. I have applied to the society for NOC but they are not answering it since more than 35 days.
can your Pls let me know if;
1) I can sell / transfer the flat in any manner on any grounds within such short duration of 2months.
2) if society has delayed noc for more than 35 days then should i consider it ACCEPTED and go ahead with the further paperwork.
yes you can sell flat at any time but share certificate will transfer after one year of your holding period.
ReplyDeleteIf society not reply within 30 days it is assume to accepted and you can go ahead.
Flat of co opertive society is gifted by father to son by proper gift deed but shares are not trasferred yet. Now father is asking son to get share certificate transffered to his (son's) name after father's death Altough son has no problem with this but after father's death,
ReplyDelete1. will society agree to transfer share certificate to his son's name?
2. Does the society require NOC from daughter?
3. Can the daughter claim the share for flat?
Son has to approach society to transfer share certificate as per registered gift deed.
DeleteFlat of co opertive society is gifted by father to son by proper gift deed but shares are not trasferred yet. Now father is asking son to get share certificate transffered to his (son's) name after father's death Altough son has no problem with this but after father's death,
ReplyDelete1. will society agree to transfer share certificate to his son's name?
2. Does the society require NOC from daughter?
3. Can the daughter claim the share for flat?
Son has to approach society to transfer share certificate as per registered gift deed.
DeleteSir,
ReplyDeleteI have purchased the resale flat and at that time society was just formed and share certificate was not distributed. Now society is distributing the share certificate and they want society share transfer form to be signed by previous owner. I have already submitted the form with previous owner signature but on one of the form previous owner has done the wrong sign (different then the one done in Sale Deed) so he has done the correct signature on the same form. Society is not accepting this form and have asked me to get the new form signed by the previous owner. Now, the previous owner is not ready to sign again. Could you please let me know what could be the next step?
Thanks!
Just file complaint in Dy. Registrar of C.S. of your area that society is not accepting your transfer set and transfer the share certificate. give copy to society.
ReplyDeleteSir,
ReplyDeleteI have purchased the resale flat in Oct'2013 and society formation was in process that time(means submitted all papers in Aug'2013). I have paid society formation charges and legal charges in Oct'2013. Society got formed in Jan'2014 but due to previous owner name in submitted papers, share certificate is on previous owner's name. Society is asking me transfer premium 25000 now for transferring on my name but when i have taken possession, society was not legally formed and if communicated, transfer case is not there today.
Is society eligible to take transfer premium in my case or what should my next steps for getting my name on share certificate?
Thanks !
Society is not eligible to take transfer. File complaint against society in your area Dy. Registrar of C.S.
DeleteDear sir
ReplyDeletewe are a new formed society wherein we are yet to issue share certificates to our members. some of the owners has taken flats on resale before the society was formed . Now the maintenance bills which are being issued is in the name of the first owner. Please let me know if the procedure is correct or if there are any procedure to be done by the new owner to get the same rectified in the name of new owner
The date on which society is registered at the time who is owner of flat issue receipt on that flat owner name.
DeleteDear sir
ReplyDeletewe are a new formed society wherein we are yet to issue share certificates to our members. some of the owners has taken flats on resale before the society was formed . Now the maintenance bills which are being issued is in the name of the first owner. Please let me know if the procedure is correct or if there are any procedure to be done by the new owner to get the same rectified in the name of new owner
The date on which society is registered at the time who is owner of flat issue receipt on that flat owner name.
DeleteWhat is the procedure to follow for buying a resale flat in a CHS in Thane, Mumbai?
ReplyDeleteOnly you have to check with society office is flat is mortgage or not. Else their is no process to follow for buying flat. But their is process to follow to transfer share certificate in new buyer name.
DeleteOne of our Member sold his flat in 2008 without informing the society. The New owner paid the transfer charges in 2010 and society issued the receipt in original owners name. Now in 2015 new owner submitted the agreement copy, stamp duty paid receipt copy and transfer forms and share certificate from which we can make out that the same as been registered in 2008. The signature of the original owner on the transfer forms submitted doesn't tally and it looks like signature have been forged. Society tried to contact the original owner and he is not traceable. Even now all bills and receipts society issues in the original owners name and new buyer not objected to this in these 6 long years. Now our query is How the society can process the application after 6 long years and Also the owners signature on the consent letter as well as other transfer documents doesn't tally?
ReplyDeleteThis is totally in efficient work done by society managing committee [MC]. The following are the reason for that
Delete1. When new owner paid transfer charges in 2010 which is accept by society MC. Then why at that time MC not ask for other documents ?
2. Is society have authority to match the signature of buyer and seller ?
3. Your auditor also not report this in audit remark that Transfer charges taken but no document taken/received ?
Now to transfer this following step to be done.
1. Take indemnity Bound on Rs. 200/- stamp paper and duly notary ask new owner to write all sign of buyer and seller are original
2. Put this transfer in AGM for approval. After approval transfer the share certificate
Give letter to new owner regarding this transfer to submit the above document.
Dear Expert,
ReplyDeletePlease let me know ASAP i am a principle 1st owner of a flat & my mother is P.A Holder & 2nd co-owner of the same flat, now as per the P. Attorney i have not given her rights for (Sale/Assignment/Transfer) & without of my knowledge she make a gift deed for his 50 % share to her another son and submitted to society for transfer, please let me know the transfer is possible without my interaction.
Note:-i have ask to other many society,lawyer & also estate agent they said interaction is taking place so must your NOC required for transfer the 50 % share of your mother.
Thanks & Regards
No. Your interaction / NOC is not required since your mother has given her share i.e. 50% share in total flat. She can do any transaction with her share. since she is earn by her. It is her property.
DeleteThanks Visariya,
DeleteBut what about P.A rights which i have not given her for (Sale/Assignment/Transfer) and the P.A is still active & register, also there was a loan on my name 1st (owner) which is still active and going to finish soon, & also the share is not earn buy her.
Thanks & Regards
P.A rights given by you to your mother is for your share i.e. 50 % share of flat. Loan taken by you has to repay by you only. How you can proved that share is not earn by your mother when in agreement 2 names written then share is earn by both 50% [if no percentage of share written in share certificate ]
DeleteAgain Thanks
DeleteSo what will be my role to support my mother to transfer her 50% share in society... which document i have to sign to complete the transfer.
Regards
You have not to sign any document. Since you have not sale your share. Your mother has sale his share.
DeleteDear Mr. Visariya,
ReplyDeleteWe have 3 different type of Property in our Society. 1BHK, 3BHK & Shops. Society is charging different Transfer charges as Rs.7,500 for 1BHK, Rs.20,000 for 3BHK & Rs.25,000 for Shops. Is it right to charge different Transfer charges like this. If not, pls advise Under which Section of Bye Laws this is prohibited.
Regards,
MS.
Maximum Transfer Premium is Rs. 25,000/-. Society can charge on square feet basis. IF your society charges different charges for different size of property it is good. But it has to approved by AGM and proper resolution has to be recorded
DeleteDear Mr. Visariya,
Deletei read on some advisor’s Web page where he said Rule u/s 3 (10) (13), all properties in Society should have same Transfer Charges. I am unable to trace that web page & can’t get rules in detail on website.
Pls advise,
Regards,
MS.
You are confuse between Transfer charges and Transfer Premium. Transfer charges is same for all property i.e. Rs. 500/-
DeleteSir, Mrs. A name entered in Society records in capacity of Nominee. (a) Can Mrs. A member make "nomination" (b) Can Mrs. A create Third Party Right without consent of other legal heir (c) If third party right is created can other legal heir approach Co-op. court
ReplyDeleteThanks & Regards
(a) Yes
ReplyDelete(b) No
(c) Yes.
Remember Nominee is trustee of the property. Not owner.
Sir, Thank you for your prompt reply, If you can help me with the provisions for legal heirs allowed to approach co-op. Court.
DeleteThanks & Regards
please contact Advocate for that
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ReplyDeleteDear Sir
ReplyDeleteI purchased a resale flat and its sale agreement and stamp duty registration was done on 6th June 2014. I paid NOC amount to the builder. That time I was not aware that society formation was under progress.
The Society was formed on 22 July 2014, and obviously my name was not there in the member list.
I gave application to society regarding membership of society and share transfer in sept 2014. I am also regularly paying maitenance charges and having receipt issued in my name.
Now society is asking my to carry out cidco transfer in my name first and then they will transfer the share. Is it like that? I learn that before flat bought before conveyance exempted from cidco transfer.
and also cidco transfer is not possible before conveyance.
How much amount I need to pay for cidco transfer since society is just formed and no conveyance is done.
Another, Do I need to pay society for share transfer.
Pl pl
advice
You need not to pay transfer fees for share certificate . Share certificate has to issued in your name only. since you have purchase flat on 06/06/2014 and society register on 22/07/2014. so you are the founder member of society. It is chief promoter duty to check & change member name before society get registration certificate.
DeleteFor CIDCO Transfer first you have to go to CIDCO office get transfer form and submit the necessary document along with forms and pay the fees as per demand notice given by CIDCO to transfer the name.
Dear Sir
DeleteI thank you for your reply. I have one more querry.
I checked the society member list. The previous owner's name is there in the list and not mine. So my question, while doing the CIDCO transfer, do I need to pay my transfer fee only or need to pay for first owner also.
Please suggest.
Thanks
your only
DeleteDear Sir
DeleteI thank you for your reply. I went to subregistrar office where I have been told that CIDCO transfer is not possible untill conveyance is done. I am very confused. Please tell me is it the case?
Some people and even the chairman told me that even before the conveyance CIDCO transfer can be carried out.
What should I do?
Assuming that you want to transfer your flat in your name in CIDCO records. i.e. in Property Tax Department.
DeleteIf yes then you have to go to CIDCO office not Sub Registrar office. Go CIDCO office along with photo copy of all chain of agreement of your flat & property tax bill & receipt. Show this to CIDCO Property Tax officer and ask him/her what is the process for transfer of property tax in your name.
If you go to Sub registrar office they think that you want to transfer land so they inform you to execute conveyance deed
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ReplyDeleteHello Sir
DeleteMy father has gifted flat to me by proper dift deed but share certificate still in father name and father is not ready transfer share certificate till his death. So my question is after death father can my sister claim in this flat? Or share certificate can only be transffred to my name
After Death of your father how you will get sign on Transfer set to transfer the share certificate ? Ask you father to make WILL register the WILL in Sub Registrar of Assurance Office . After death of your father you have to get probate of WILL and submit it in your society to transfer the share certificate.
DeleteDear Mr. Visariya - Pls help. I am about to purchase a resale flat in Pune. She is the first owner. She purchased the flat from builder and got the possession in August 2013 and staying there since then. The building completion certificate was received in April 2014. The housing society was registered in June 2014 and the share certificates have come just this month i.e. Feb 2015. The society is ready to give NOC for this resale by accepting transfer charges. But I read that as per MCS act 29(2)(a), the member cannot transfer his share/interest in the property before one year. So will this rule apply in my case? Because she is the first owner and she had held the flat for 1.5 years and this is going to be first 'transfer' of flat. So can the seller sell the flat? Will I get the share certificate transferred to my name immediately? Or will I have to wait for one year? Please help asap.Thanks a ton in advance.
ReplyDeleteSir, I purchaced a flat and on verbal communication by the society to the seller we had to pay 3.5 lacs each. The seller had a bad relation and long due with the builder and society that the seller had to do this. This is what I believe. Having gone thru almost 50% payment schedule and registration was coming thru in a weeks time I had to make the payment under duress. It's almost 2 months now since I paid the transfer fee for which I have the receipt saying "transfer fee". Can I approach now for refund of excess above 25000/ from the society. Should the seller also take up simultaneously or can I alone to begin with. I was knowing the rule some what but was vague about the same and the society also acted very nasty that I was caught between the devil and the deep sea. Please advice.
ReplyDeleteYou can alone ask the refund. You have to give letter to Dy. Registrar C.S. of your area along with proof that is receipt of transfer fees. and give copy of that letter to society and ask refund. You have to take follow up with registrar office for refund.
ReplyDeletesir
ReplyDeleteA Sold his flat to B, B have not transfer his flat ( shares & membership etc ) to his name. and sold the flat to C. now C want to get it transfer to his name, but B is not responding him or to society . now what can C do. and what can society do
I have know idea what C can do. But society can not transfer the share certificate to C directly. Society has to first transfer the share certificate and membership in the name of B. via proper transfer set submitted by A & B. after one year of transfer society can transfer the share certificate to C. via proper transfer set submitted by B & C.
Deletedear sir
ReplyDeletecan society debar parking of its defaulter members vehicle in society's parking lot ( under which - bye-law or act )
NO. Since their is provision in MCS Act U/S 101 for recovery of due from members.
DeleteDear Sir,
ReplyDeleteI want ti buy Mhada flat with HDFC housing loan i can arrange MHADA NOC and transfer letter from MHADA but my problem is that society is not issuing NOC to Bank saying that you will haveto wait till AGM you will declared as member and then we will issues NOC after AGM. Am not able to get loan from any bank want of society NOC & please help to give some documetory evidence so that i can prove them to give bank NOC they need not to wait till AGM please help this is urgent..
Ask the committee to read the Bye-laws No. 38. specially bye-laws No 38 (e)(x).
DeleteSIR is Stamp Duty & Registration for transfer of flat is compulsory. can society deny the transfer on this ground ( on which law or act )
ReplyDeleteYes As per bye-laws no 38(e)(iv) REGISTERED AGREEMENT WITH STAMP DUTY PAID is required for transfer of flat by Agreement of sale / Gift Deed / Release Deed.
DeleteIn case of transfer after death as per nomination no agreement is required.
sir read interesting article on above case in Times of India news paper on 5-4-2015 or its E-paper edition
Deletesir can society charge premium of transfer of mother -in law to daughter in law ( flat sold with money transaction between them ) not a gift
ReplyDeleteNo
Deletesir i am a new MC member . we received transfer application ,from heir of deceased member .(who died 10 year before) to transfer share certificate to deceased name ( earlier name of deceased member dos not transfer on share certificate nor of previous member ) till today only maintenance bills are in the name of deceased member . now heir of deceased. forcing us to transfer name of deceased on share certificate.
ReplyDeleteSociety clearly inform on society letterhead in writing to the heirs to produce succession certificate or Legal heirs certificate from Hon. Court. OR if deceased member having any WILL then Probate of WILL or else society will not transfer the share certificate. If heir still not agree then ask them to go to Hon. Co-operative Court and get Order to transfer the falt Else MC members will come in litigation of this flat.
Deletethanks thanks a lot sir
ReplyDeletesir one more Q is that in above case the maintenance bills always is on deceased name ,previous committee had done some compromise ,heir saying that why the bills are in the name of deceased ( there is no transfer on share certificate ) can the new committee will responsible for what previous committee did ( old committee not responding or some members leave the society)
New committee will not responsible for what old committee did. Name in maintenance bill will not change until share certificate transfer
Deletesir,
ReplyDeletei have purchased a flat in mar 2012 in a CHS, and at the time of purchase i have paid the share transfer premium in cash to the seceratery that was Rs. 10000 at the time of purchase. But due to some hurry in loan process, i submitted all document in original including share certificate in the bank without getting it transferred in my name. At the time of payment of share premium i was issued a kaccha receipt signed by society cashier as deposit receipt for the same in the name of previous owner dated 11/04/12. and now i have withdrawn my share certificate from bank to get it transferred from society, society is again asking asking me to pay share premium saying that the last paid amount was against the share transfer to previous owner and said that they transferred it in back dated sep 11 from and said me that my previous owner has cheated me and used the amount in getting share transfer from his previous owner's name to his name.
Can i get a legal base in this case against the society as i have paid amount in apr 12 after the purchase of the flat in mar 12 and it was society's fault to use the amount as charges to transfer my previous owner's pending transfer in back dated in sep 11 as the receipt showing the deposit in apr 12.
please guide me what can i do as society is claiming that receipt is in name of previous owner so it was his charge and at the tym of deposit they denied me issue receipt in my name as i was not known to them. is transfer charges are paid by the seller or purchaser?? as at the time of purchase the share certificate was showing my owners name on it and last transfer was dated sep 11 so didnt got any doubt..... to whom to blame??
You can file case against Society for cheating. Society issue receipt to its member i.e. seller it is correct. Regarding transfer charges it is depend upon mutual understanding of buyer and seller. Normally it is 50 -50.
DeleteIf share certificate is showing seller name that it is society fault. May be secretary use your money for his use and now he is asking you to pay again.
Sir, I purchased an underconstruction flat in Dec 2013 and now in April 2015 we are getting possession before possession the builder told me verbally that I have to pay 85000 rupees as society charges and 27300 rupees for advance maintainence charges for a year till d society I formed. And I will be getting only maintainence charges receipt. In vasai east builders generally do not give society receipt. I was also told that payment should be made in cash and society receipt will not be given. Now when I reached builders office to pay society and maintainence charges so that I take the possession letter. I was shocked to hear from.The builder that society charges have gone up and I have to pay 125000 rupees instead of earlier 85000 rupees for society charges. Means 40000 rupees extra. Without any prior intimation or anuthing they had increased the society charges wen it was time to get possession. I was shocked and was told that we are cooperating with you and will give u possession keys and posession right now and will give you maintainence and possession receipt when I pay extra 40000 rupees. This is totally unethical. Before possession we received a letter from.buolfer stating we are happy to give possession please pay remaining dues by April. There was no.mention of society or maintaince charges in wroting. They acted so smart that they never wrote society charhes in any of their written communication and thatsy today they have increased the society charges on top of it we hav to pay by cash and we cannot get receipt for that. Once I pay all d amount only then i will get possession letter. The builder told me that I am.over reacting. They are giving me keys amd giving possession to.me and giving time to arrange remaining 40 k. This is what he is saying. Builders have good touch at municipal corporation. I feel this is unethical. I want to pay but now I want to pay by cheque and I wany a receipt for the society charges. Please sir help me pls. If there is anything that u did not.understand pls ask
ReplyDeleteSir , Send him notice through advocate asking him all break up of the charges. also ask him name to be written on Chque / DD / Pay order. You can also file consumer case against builder
DeleteDear Expert,
ReplyDeleteWe own a shop which is register under the name of my father and 2 of my brothers,of which unfortunately my father and one of my brother passed away.
So now i want the share of the deceased to be transferred in my name and this is okay with the brother who is alive and is as of now the sole owner.
So is such thing possible and if yes what are the documents required for the same.
The list of alive members include 1 brother (owner), 2 sisters.
Waiting for your valuable reply.
Thanking you