Mumbai Housing Society Queries: 'No Transfer Charges If A Gift Deed Executed In Favour Of Family Member,' Says Expert

Q. Can the society levy transfer charges of `25,000 in case the flat is transferred by way of a gift deed? –Prasanna Dixit, Chembur

A. A premium of Rs 25,000 cannot be charged when shares and interest in a flat are transferred to a family member, nominee, heir or legal representative after a member’s death, or in case of mutual exchange of flats between members. No transfer charges apply if a gift deed is executed in favor of a family member, as defined in the bye-laws (husband, wife, parents, siblings, children, in-laws, and grandchildren).

However, if the gift deed is made in favor of someone outside this defined family, the premium is applicable. The society will require a registered copy of the gift deed to record the transfer and may charge a fee of Rs500.

Q. Is it legal to allow rotations of parking in upper basement and lower basement for rehab part in redevelopment? Does it need 100% consent of members? Is this legally allowed to put in PAAA? How will the society once formed respond to this proposition? –Ninad Sule, Santacruz

A. Redevelopment of a society can be initiated with the consent of 51% of members. The general body finalises the redevelopment terms, including parking arrangements. Once the developer is selected, all the terms of redevelopment are incorporated in the development agreement with the approval of the general body. The developer will provide the type and number of parking slots that will be provided to the members in the development agreement.

These parking details must also be reflected in each member’s Permanent Alternate Accommodation Agreement (PAAA) to avoid future disputes. If parking is agreed to be rotational between upper and lower basements, this must be clearly stated in both the development agreement and the PAAA. The existing society continues to remain in place and is not dissolved due to redevelopment. Rotational parking allotment may not apply to new homebuyers. The developer is permitted to sell parking slots along with flats, subject to availability. Details of such allotments must be clearly mentioned in the agreement for sale, in line with MahaRERA Circular 36 of 2021 and Circular 54 of 2024.

Q. At a managing committee meeting, I disagreed with the majority decision and requested the secretary to record my dissent in the minutes along with the reasons. However, the secretary failed to do so. Can I can file a complaint with the Registrar? –Puneet Nagar, Nariman Point

A. Your dissenting opinion has to be recorded in the minutes of the meeting by the secretary. In case it is not recorded, you may write to the Registrar within seven days from the date of the said resolution. You should also attach an extract of the minutes, your dissenting opinion. Such dissenting note will protect the you from any adverse implication of the decision of the committee. Section 73 (1AB) of the MCS Act, 1960, provides that the members of the managing committee shall be jointly and severally responsible for all the acts, omissions detrimental to the interest of the society and decisions, taken by the committee.

However, the second proviso to this sub-section provides that any member of the committee, who does not agree with any of the decision, may express his dissenting opinion which should be recorded in the minutes, and such member shall not be held responsible for the decision taken in the said resolution.

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com

Published on: Monday, June 23, 2025, 11:57 AM IST