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Society Transfer fees Limit and Application
06-Jan-2023 (In Property Law)
I bought an OLD Commercial office in re-sale ( built in 1995 ) of 1000 sq in Ahmedabad City area, and the society is demanding 100 Rs. per sq as Society Transfer fees. The transfer fee is limited to 50,000 Rs. and another 50,000 as user development fee. I told the society bearers that there is a limit that the society can't charge more than 50,000 for the transfer of name, and they told me that, that limit is prescribed ONLy by housing society and its not applied on a NTC. The society is formed under the NTC act. What are my options here ? Is there any ruling which had this limit implied on a NTC Society in Gujarat State.
1) transfer charges have to be paid by the transferor only
2) in any case once you have agreed you are bound to pay transfer charges
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 415 OF 2012
IN
EXECUTION APPLICATION NO. 730 OF 2013
IN
ARBITRATION AWARD DATED 29th DECEMBER, 2010
Ram Prithviraj Bhargava ..... Claimant/
Decree Holder
VERSUS
Anand Prithviraj Bhargava & Anr. ….. Opposite Parties
Mr.Pratik Majumdar, i/b. Ms.Bina Pillai for the Claimant.
Mr.Tushar Goradia for Opposite Party No.1.
Mr.Ramesh Shah, Secretary of Dimple Co-operative Housing Society Limited.
Mr.Ketan Raiyani, Treasurer of Bharatiya Friends' Co-operative Housing Society.
Mr.B.M.Gore, Commissioner for Taking Accounts.
CORAM : R.D. DHANUKA, J.
DATED : 10th APRIL, 2014
P.C.
2) in any case once you have agreed you are bound to pay transfer charges
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 415 OF 2012
IN
EXECUTION APPLICATION NO. 730 OF 2013
IN
ARBITRATION AWARD DATED 29th DECEMBER, 2010
Ram Prithviraj Bhargava ..... Claimant/
Decree Holder
VERSUS
Anand Prithviraj Bhargava & Anr. ….. Opposite Parties
Mr.Pratik Majumdar, i/b. Ms.Bina Pillai for the Claimant.
Mr.Tushar Goradia for Opposite Party No.1.
Mr.Ramesh Shah, Secretary of Dimple Co-operative Housing Society Limited.
Mr.Ketan Raiyani, Treasurer of Bharatiya Friends' Co-operative Housing Society.
Mr.B.M.Gore, Commissioner for Taking Accounts.
CORAM : R.D. DHANUKA, J.
DATED : 10th APRIL, 2014
P.C.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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