- This topic has 46 replies, 22 voices, and was last updated 1 year, 4 months ago by
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UThe ownership changed from my uncle to my mother,
A gift deed was executed. Location is in MaharashtraThe society is adamant on us paying 25000 as transfer fees (also the maximum amount society can demand) for change in ownership.
When I mentioned that this is blood relation and that Maharashtra Co-operative society Act or model bye law say that only a nominal fee to be charged even for siblings they state following excuses,1.You have paid stamp duty on the transfer.
2. Our Bye law treat such change in ownership as if a
Sales transaction even if gift deed
3.Only father,mother son , daughter are exempt from this fee .Now this has been eating me because I went through almost all online questionnaires and they all make the conclusion that I be paying only 600 instead 25600 .
Now please help me understand is the society correct or incorrect for their claim.
I have had to forcibly pay a cheque …. -
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UI m planning to do that ..
Sucker’s themselves have zero idea about the rules and teaching to acting according to the rules -
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SAsk them to raise the demand in writing on society’s letterhead, duly signed and stamped by the competent/authorised person, with reference to the applicable act and the rules under which the society is making the demand and the time frame by which it becomes due.
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UIt’s in writing as per the rules created by society itself, so if they were to backtrack, i have a pdf of them demanding 25000.
As far as the act is concerned, they say that “we are acting as per the Maharashtra rules and society is demanding only 25000 which is the maximum limit.”Now the problem is those idiots themselves aren’t aware of the rules , so talking to them has resulted moot.
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UYou are not talking to them, you are just getting it on paper so that you can take them to the cleaners if needed.
Won’t really hurt you xD
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Ugift deed from Brother to sister legally binding on the society,
Write a letter to society, Ask them to show the minutes which mentioned their verbal excuses, assert that you are not liable to pay any transfer fees as per bye laws. They may charge 600 or 700 as members ship fees with an indemnity bond (downloadable from net) from your end.
Wait for their reply for 15 days, then send a reminder letter requesting them to act swiftly as per the state bye laws.
after 15 days or reminder letter you may approach the registrar and ask for intervention and justice. (In Maharashtra You can file online complaint to registrar)
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BUnder the The Maharashtra Cooperative Societies Act, 1960 – A copy of the bylaws has to be posted at the entrance of the building for everyone including residents, owners, visitors, security, government officials and inspectors to be able to view 24/7 365.
If they fail to comply with that is basically rule one of the societies act the MH Regulator of Societies will usually immediately dissolve the society and lock all their bank accounts (which are used to pay for building security etc) for a period of 2 years until they have time to investigate the complaint. It’s a massive hassle, tenants need to know they have way way way more power and rights than the aunties and uncles who sit on these society boards pulling random rules out of their back-sides.
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RAre you a little slow in the head? The model bye-laws are just a model. Each society can implement the model in their own way.
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BIn Maharashtra that isn’t true, the law states that the society is bound by the model bylaws as a matter of law, and can only make additions from a menu of (extremely limited) rules that the government has allowed.
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U
It’s in marathi
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RRight. The Rs. 25000/- amount is the premium amount.
As per circular क्र. सगुधो – २००१/प्र.क्र.१८८/१४-स of सहकार व वस्त्रोयोग विभाग, premium amount is to be determined in a General Meeting. However, it is not specified whether a separate General Meeting is to be held for each transfer, or if a fixed amount can be set for all transfers in a single General Meeting. Limits on the premium fee are prescribed with the maximum limit being Rs. 25000 for societies within territorial limits of Municipal Corporations.
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BI have done a gift deed in Dec 2023. The society did not ask for any Transfer Fee.
Tell them that it is not a Sale Deed, in gift deed there is no exchange of money between 2 parties.
The society people are just Greedy.
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UThat’s the issue they are telling me because transfer is between siblings. Even if a gift deed was executed and zero consideration has been paid, we will treat it as a Sale .
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BThe society is talking Nonsense.
If they are saying that Sale Deed = Gift Deed then that is incorrect as both are completely different in the legal system.
However I know that society people can be jealous and greedy as they have paid to their flat, taken loans etc , and don’t like that people get a flat as a gift for free.
Then you wont have any other choice but to ask society for the clause under which they are demanding 25000, send a legal notice to society and also complaint to registrar.
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ENAL but secretary of housing society in Pune.
As per my understanding, maximum 25000 can be taken by society on transfer of ownership.
Consult a lawyer on legalities on what constitutes a transfer (gift, sale, etc).
Wording used in the official Bylaws and subsequent minutes of meeting will be crucial in this case.
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UIf your maternal grandfather is willing, can your uncle transfer it to him, and then transfer it to your mother?
Not a lawyer, just pointing out how ridiculous the by-laws are.
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UBye-law No. 38 — This specific by-law limits the transfer fee to Rs. 500 for gift deeds within the family.
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CNot a lawyer,
Will your be member of society? Will she be eligible for attending AGM and will she be applying for share certificate?
If and to any of the above and is ‘Yes’
in common sense this is change of ownership, either by deed or by sale, doesn’t matter. Society is eligible to ask for transfer fee.-
UAgreed . However, the transfer fee that’s being asked is 25000 . No problem in paying it, but online and even chatgpt has highlighted that when transfer of ownership is within family only a nominal fee can be charged.
I feel I m obligated to pay only the nominal fee as I situation is within the norms as far as my knowledge goes
Of course, I’m going to a lawyer -
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