Can society charge transfer fee before formation of society?
I bought a flat in Surat, Gujarat, in 2016 from the previous owner, who purchased the apartment from the builder in 2011. The society was formed in 2019, and share certificates were issued to the owners. Now the committee members are asking for a transfer fee of Rs. 15,000 from the flat owners who did not buy directly from the builder. As per my understanding, a society can charge a transfer fee only after the society formation. However, the committee members are asking all flat owners who did not purchase directly from the builder to pay the transfer fee, regardless of the date of purchase. Is it legal to charge a transfer fee from flat owners who bought their flat before society formation?
The society can only charge a transfer fee after its formation. Since you bought the flat before the society was formed, they cannot legally ask for a transfer fee. You can contest this with the society’s managing committee or seek legal advice to clarify your position. For further legal assistance contact us on our helpline number.
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