Flat transfer document check list
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 | Form No. | Verify By | Remark / Submitted |
1 | Notice of Intention/Application to Transfer [Under Bye Laws No.40] | Appendix – 26 | Secretary |
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2 | Full Agreement Copy with Deface page and Index-II (Old and New one also) | Secretary |
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3 | Transfer Fee – Rs 500 Cheque only, Bye – Law No. 38 (e ) (vii) | Secretary |
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4 | Entrance Fee – Rs 100 per member, Bye – Law No. 38 (e ) (viii) | Secretary |
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5 | Transfer Premium – Rs. 20,000 or Rs 25,000 as per society AGM, Bye – Law No. 38 (e ) (ix) | Secretary |
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6 | A form of Notice of, intention of a member to transfer his shares and interest in the capital/property of the society, Bye – Law No. 38 (a ) | Appendix – 20 (1 ) | Secretary |
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7 | A form of letter of consent of the proposed Transferee for the transfer of shares & interest of the member (Transfer ) to him (Transferee), Bye – Law No. 38 (a ) | Appendix – 20 (2 ) | Secretary |
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8 | Form of application for transfer of shares and interest in the capital/property of the society by the transferor, Bye – Law No. 38 (e ) (i) | Appendix – 21 | Secretary |
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9 | Form of Application for Membership of the Society by the Proposed Transferee, Bye – Law No. 38(e)(ii) | Appendix – 23 | Secretary |
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10 | The form of undertaking to be furnished by the Prospective members to use the flat for the purpose for which it is allotted, Bye – Law No. 19 (a) (iv) on Rs. 200 Stamp | Appendix – 3 | Secretary |
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11 | Form of notice of Resignation of Membership of the Society by a Member, Bye-Laws No. 27(a) | Appendix – 13 | Secretary |
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12 | Form of nomination in triplicate, Bye – Law No. 32 | Appendix – 14 | Secretary |
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13 | A form of undertaking to be furnished by the person on whom the prospective Non-Earning Member is dependent for discharge of Liabilities to the society to use the flat for the purpose for which it is allotted, Bye – Law No. 19 (a) (v) on Rs.200 Stamp Paper | Appendix – 4 | Secretary |
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14 | Transfer Form |
| Secretary |
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15 | Under the Bye Laws No. 17(b), 19A(vii) and 38’(e)(xi) | Form 25 | Secretary |
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16 | Under the Bye Laws No. 17(b), 19A(vii) and 38’(e)(xi) | Form 24 | Secretary |
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17 | Possession Letter from seller to buyer |
| Secretary |
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18 | Society No pending Dues (Maintenance) confirmation |
| Secretary |
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19 | Original Share Certificate |
| Secretary |
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20 | Indemnity Form on Rs.500 Stamp Paper |
| Secretary |
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21 | Any other Documents as per new provision time to time |
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