Legal Question in Real Estate Law in India

Sir, As i did not get any clear reply for my first post and since advised by Shri.Prasant Chavan,leader of the LawGuru,here i post my query again for guidance and Advice.--

Sir,I have purchased a flat in ready possession direct from the builder and paid the charge for Housing Society formation also.The building is on the land leased by CIDCO under 12.5%scheme in Navi Mumbai.Now the registration of the Co-op. Hsg.Society and conveyance of the property to the Society was done.But my name like a few others, was not included the registered list of the society and not in the conveyance list of CIDCO also.The reason given by the builder is that the registration process of the Society was already began before my purchase deed got registered.But the conveyance deed was made after my purchase.Now i am told that i have to pay to CIDCO to get the flat transferred to my name.Those who got their names in the registered list not paid for CIDCO transfer.Sir, I want to know, is it legally right for CIDCO to charge transfer fee to me as i am also a direct purchaser from the builder?Pl.give your valuable advice and suggestions.Tnx. gk.

Asked on 8/31/13, 4:51 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP
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31.08,2013

Dear Sir / Madam,

First and foremost, you need to verify specific dates to confirm whether your purchase agreement date with the builder was after the builder had applied to CIDCO for conveyance of the building in the name of the Society. If not, and if your registered Sale Agreement is before the application date for conveyance of the land to the Society, the builder ought to have included your name as the original member in the application. It is further implied that the "purchase consideration" that you have paid the builder includes the transfer fees, if any, payable to CIDCO, unless the Sale Deed specifically mentions otherwise. Moreover, if the other members have not paid any transfer fees to CIDCO, even you are not liable to pay any transfer fees. You and the other members whose names have not been included as members, should ascertain from the builder the reason for this anomaly. An RTI application to CIDCO to independently ascertain whether other registered members have paid the Transfer fees is also recommended.

An article in the Times of India dated 01st October, 2012 titled "No need for developer's NOC for flat sale/transfer contains a paragraph which specially reads as follows : The CIDCO, which has leased out a number of properties in Navi Mumbai, has been asked by the Maharashtra State Housing Department to ensure that developers of these plots comply with MOFA norms. The department has sought CIDCO's opinion on whether its permission was needed for transfer / sale of flats for plots leased by it. The department is of the opinion that the permission insisted upon at present is not required. In light of the above, there is no transfer fees payable by you to CIDCO.

Regards,

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Answered on 8/31/13, 5:31 am

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