Response

Yours is certainly a case of present out of your mom to you because of herbal love and affection with out alternate of any attention amount. In any such case you’re prepurported to get done out of your aunty a sign up a ‘present deed’ for your favour and your aunty is to put up the specified letter of resignation from club together with an undertaking/indemnity as required with the aid of using regulation to the society.

The society could be incorrect in annoying any switch top rate as the difficulty of top rate arises simplest in case of sale transaction where “”attention”” is involved. In your case there’s no doubt of sale of flat to a 3rd birthday birthday celebration as your aunty is a holder / proprietor of the flat and she or he has relinquished her rights for your favour with the aid of using executing a present deed for your favor.

By distinctive feature of Bye-legal guidelines 38(e) (ix), the society has each proper to gather switch top rate however simplest on sale transactions withinside the limits as prescribed beneathneath the circular, issued with the aid of using the Department of Co-operation from time to time.

Such switch top rate even withinside the case of sale transaction isn’t relevant in case of transfers of stocks and hobby withinside the capital of the society if executed withinside the individuals of the family. The query of the society now no longer making you a member does now no longer arise, as your aunty is holder /proprietor of the flat. If after you’re filing the aforesaid files the society does now no longer do the considered necessary you may method the Dy.

Registrar and make an software u/s seventy nine of the MCS, Act, 1960. Applying the bye-legal guidelines which the society has widespread in your case:

1) You will need to pay Rs. 500 /- as switch “”fee”” to the society- be it present deed or sale deed.

2) As a long way because the switch “”fees / top rate”” is concerned, the bye-regulation is loud and clear: If the switch is inside family (as consistent with bye-regulation definition- family=mom, father, brother, sister, son, daughter, son-in-regulation, daughter-in-regulation), then the society CAN NOT call for the switch “”fees / top rate”” now no longer even as “”donation”” or beneathneath another pretext. Hence for your case, seeing that it is a switch among your relatives, you may need to pay switch ‘fee’ of Rs. 500 and do now no longer want to pay any switch ‘top rate’ or ‘donation’ or whatever else to society at all.

Reference: Indian Succession Act – – AHG51 – 202100553 – 26 – 55 – 2021001892021004119744

LAWAYZ-2023-929