Legal Question in Real Estate Law in India

Dear sir,

It is regarding resale of flat in Gujarat.

Who is supposed to pay society transfer fees on resale of a flat in a members service society... Buyer or seller? ( ours is not a Co-op society)

What is the max AMT society can charge as transfer fees in Gujarat. As per by laws of society they are asking 60000/- as transfer fees. Can they charge any AMT. By making bylaws?

We ( buyer & seller) have agreed to pay 50:50 transfer fees. Is that legally OK.

Awaiting your guidelines.

Thanking you.

CKGandhi

[email protected]


Asked on 5/12/16, 7:27 pm

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Sir

So far so the question that who has to pay the transfer fee, it is strictly between the buyer and seller. It is as per their own understanding and agreement. There is no law regarding who has to pay the transfer fees.

So far so transfer fee is concerned, the society will charge as per their bye laws, but as per Gujarat Society Rules, maximum they can charge is Rs. 10,000.. If the society demand more, you can challenge the Gujarat Cooperative Society Registrar.

Feel free to contact should you have any questions. I am based in Ahmedabad

VIvek N Mapara

www.vnmlaws.com

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Answered on 5/26/16, 4:44 am


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