Society can charge premium on transfer fees for a flat when member sells flat to another person. This premium shall be in accordance with directions issued by government from time to time.
Under Bye-law No.38(e)(ix):
Payment of amount of premium at the rate to be fixed by the General Body Meeting, but within the limits as prescribed under the circular issued by the Department of Co-operation, Government of Maharashtra, from time to time. No additional amount towards donation or contribution to any other funds or under any other pretext shall be recovered form transferor or transferee.
As stated in first para of this bye-law, said circular of Co-operation and Textile Department of Government of Maharashtra, Mantralaya, Mumbai-400032, No. SaGruYo-2001/Pra.Kra-188/14-Sa, Dated 9th August, 2001.
“By exercising the powers conferred to the State Government under Section 79-A of the Maharashtra Co-operative Societies Act 1960, the maximum rate of premium to be charged per flat in Municipal Corporation area is Rs 25,000.”
It is illegal to charge more than Rs. 25,000 currently as flat transfer premium. If society is demanding higher transfer premium, you can make a complaint to the Secretary of your Society, under Bye-law No.172.
In your complaint, state that the decision to levy higher transfer fees is illegal and you will make a complaint to the concerned Deputy Registrar of Co-operative Societies, under the Bye-law No. 174(A)(vi), if this decision is not reversed.
After 15 days of you making the complaint to the Secretary, if you don’t receive any reply, then write a complaint to Deputy Registrar.
