Is there any Rule in By-Laws of the Maharashtra co-op housing society when mother wants to transfer his flat to son through a Gift-Deed ?

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Question asked by Mr. Shailendra Patole from Mumbai, India:
I am from Mumbai; my query is regarding Gift-Deed. I am staying along with my mother in co-op housing soc in Mumbai. The flat owner is my mother; recently my mother gifted me the said flat to me by Registering the Gift-deed in Chembur, Mumbai Registrar office (By paying Stamp-duty & Registration fees). She has submitted the copy of Deed to the Society Chairman & Secretary for further Transfer of Flat to my Name.
But the society committee is saying to pay Transfer Premium of Rs.25000 & Donation (separate amount) to the society for completing this request. In this regard I want to know, Is there any Rule in By-Laws of the Maharashtra co-op housing society when mother wants to transfer his flat to son through a Gift-Deed ?
What By-law says?
Thanks
Shailendra Patole

Vatsala Answers:
Normally the society will be governed in such matters by the byelaws of the society itself, a copy of which should be available to all members.
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One Comment

  1. Kiran Bapat

    At the outset, let me make it very clear, that I have no pretentions of being a legal expert at all. All I can say about myself is I am a Lawyer by training and have been a Secretary of a big Co-op Housing Society in Mumbai.
    The answer to this problem is the easiest course set out in the Bye-laws. The mother should have Nominated the son (Single Nominee) under Bye law 32. No Registering the Gift-deed in Chembur, Mumbai Registrar office would be necessary . Nor would the payment of Stamp-duty & Registration fees would have been required. A considerable savings considering the cost of flats in Chembur. He can easily inherit the flat on the death of his mother. By a simple Application made by the son the flat would be transferred in his name. Transfer by Nomination obviates the payment of Transfer Premium of Rs.25000 & Donation (separate amount) to the society.
    According to me this is the Best Option. How it can be considered in your case you have to think.

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