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Can society charge transfer fee before formation of society Can society charge transfer fee before formation of society

2 months ago

I bought a flat in Surat, Gujarat in 2016 from the previous owner who bought the apartment from the builder in 2011. The society was formed in the year 2019 and share certificates were provided to the owners. Now the committee members are asking for transfer fee of Rs. 15000 from the flat owners who have not bought the flat directly from the builder. As per my understanding a society can charge transfer fee after society formation, but the committee members have asked all the flat owners who have not bought directly from the builder to pay the transfer fee irrespective of the date of purchase. Is it legal to charge transfer fee from the flat owners who bought flat before society formation?

Anik

Responded 2 months ago

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A.Dear Client,

Charging a transfer fee from flat owners who purchased their flats before the formation of the society is not legally permissible. To address this issue, it is recommended to collectively file a mass complaint with the Registrar or Deputy Registrar of the society, seeking a resolution for this arbitrary and unjust action.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
No, it is not legal to charge a transfer fee from the flat owners who bought the flat before society formation. Such an irrational and arbitrary action of the Society shall be brought to the notice collectively through a masscomplaint to the Registrar or Dy. Registrar of the society for a resolution in the matter.
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