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Q.

Can Housing Society Charge Welfare Fee to Transfer Membership?

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57 days

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Last Friday, someone asked me, can housing society charge welfare fee to transfer membership? After researching a bit, I informed him, Yes, it is possible for a housing society to charge a fee for the transfer of membership. However, the rates must be reasonable and for a legitimate purpose.

Is It Possible for Housing Society to Charge Welfare Fee?

Yes. For the purpose of updating ownership records, societies may impose a small fee. This transfer fee is frequently referred to as a "welfare fee" and ought to be utilised for the good of society.

  1. However, in a significant ruling, the Bombay High Court has clarified that housing societies in Mumbai are prohibited from charging a welfare fee for the transfer of membership, beyond the legally sanctioned transfer fee of Rs 25,000.

  2. This decision came after Subhash Jain and Vinay Jain, who purchased a shop in the Tirthankar Darshan Cooperative Housing Society, were denied membership for not paying a welfare fee.

  3. Since the society did not respond within three months as required by the Maharashtra Co-operative Societies Act, the Jains escalated the issue to the district deputy registrar (DDR), who ordered their admission.

I hope you found this information helpful.

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