Co-operative Housing society flat transfer procedure in Maharashtra
Transfer of Flats in a Cooperative Housing Society
When a flat buys or sells in a cooperative housing society some the legal
process needs to follow buyer and seller. A member who wants to transfer
his / her / flat in a co-operative housing society has to inform the
committee by an application to the secretary of the society mentioning you
are going to transfer your flat.
This application shall be placed before the next Managing committee meeting. It will then be decided whether the member is eligible to transfer his shares and interest in society. If the committee finds that the member is not eligible to do so, as their flat some outstanding so first the flat owner needs to clear the outstanding/dues.
An application for membership of the proposed transferee should be made in the prescribed form Valid reasons for the proposed transfer should be furnished All the liabilities of the society should be discharged Transfer fee should be paid Entrance fee of the proposed transferee should be paid Premium (as per the general body meeting) has to be paid.
Like the below table society can make a template and keep in the office, and once an application comes for flat transfer just put a flat no. above and verify which documents received which pending is it good practice to a template,
Sr No
|
Form/Application
|
Bye Law Ref. No.
|
Description
|
Society Manager
|
Chairman
|
Secretary
|
Treasurer
|
|
Verified By any one of above
|
||||||
1
|
Notice of Intention/Application to Transfer
|
|
Letter from member with all forms
|
|
|
|
|
2
|
Original Agreement Copy
|
|
Photocopy of Agreement of Original members with stamp duty,
receipt copy and Index-2
|
|
|
|
|
3
|
New Agreement Copy
|
|
Photo copy of New sale agreement duly register, stamp duty paid
receipt & Index-2
|
|
|
|
|
4
|
Transfer Fee
|
38 (e ) (vii)
|
Rs 500 Cheque only
|
|
|
|
|
5
|
Entrance Fee
|
38 (e ) (viii)
|
Rs 100 if one member else Rs 200 for 2 member
|
|
|
|
|
6
|
Transfer Premium
|
38 (e ) (ix)
|
Rs 20,000 or Rs 25,000 as per society AGM
|
|
|
|
|
7
|
Form 20 (1 )
|
38 (a )
|
A form of Notice of, intention of a member to transfer his shares
& interest in the capital/property of the society
|
|
|
|
|
8
|
Form 20 (2 )
|
38 (a )
|
A form of letter of consent of the proposed Transferee for the
transfer of shares & interest of the member (Transfer ) to him
(Transferee)
|
|
|
|
|
9
|
Form 21
|
38 (e ) (i)
|
Form of application for transfer of shares & interest in the
capital/property of the society by the transferor
|
|
|
|
|
10
|
Form 23
|
38 (e) (ii)
|
Form of application for membership of the society by the proposed
transferee
|
|
|
|
|
11
|
Form 14
|
32
|
Form of nomination in triplicate
|
|
|
|
|
12
|
Form – 13
|
27(a)
|
Form of notice of Resignation of Membership of the Society by a
Member
|
|
|
|
|
13
|
Form – 3
|
19 (a) (iv)
|
The form of undertaking to be furnished by the
Prospective members to use the flat for the purpose for which it is allotted.
|
|
|
|
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