Co-operative Housing society flat transfer procedure in Maharashtra
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
|
Membership Fee & Form
|
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
|
Resignation Letter
|
From original Member
|
|||||
13
|
Form 25
|
38 (e ) (xi)
|
Form of declaration for not holding immovable
property under the ULC Act.
|
||||
14
|
Form 26
|
40
|
A form of intimation by the society to the
transferee about exercise of right of Membership by him.
|
No comments:
Post a Comment