1. • CommentAuthorgoyatajay
   • CommentTimeJul 13th 2008

    

   • Answers: 3
   • Joined: Jun 22nd 2008

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   I have sold a 1 BHK flat (607 sq. feet) in Rs 13 lakh in Pune.Society for that building has charged Rs 15000 for issuing NOC for resell of that flat and they had given a reciept for the same.
   1. Is it legal to charge this much amount ?
   2. If yes than what percentage of the toatal resell value of the flat they can charge?
   3. if not,How can I get my money back and what legal action i can take?
2. •  
     CommentAuthorvikram
   • CommentTimeJul 24th 2008

    

   • Answers: 104
   • Joined: Jun 20th 2007

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   If the society has adopted the Model Bye-Laws, it has to follow the provisions contained therein. Model Bye-Law No 40(d)(v) of co-operative housing societies as approved by the commissioner for co-operation under the Maharashtra Co-operative Societies Act, 1960 provides for payment of a transfer fee of just Rs 50 by the transferor-member to the society.
   
   Also, sub-clause (vii) of the Model Bye-Law No 40(d) provides for a payment of premium at a rate to be fixed by the general body meeting not exceeding 2.5 per cent of the difference between the book value of the flat and the price realised by the transferor on a transfer of flat or Rs 25,000, whichever is less.
   
   It also imposes restrictions on accepting an amount exceeding Rs 25,000, whether by way of donation or otherwise, unless it is paid voluntarily by the member.
   
   However, today the transfer fees are not restricted to an amount of Rs 25,000. It fact, there are no guidelines for societies to follow. The amount is fixed by passing a resolution at a special general body meeting of the society. It is paid at a fixed rate per square foot or as a lump-sum. And, make no mistake, this amount could be huge.

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