In a welcome move for housing society members, it has been reaffirmed that no transfer premium or charges are applicable when a flat or share is transferred via a registered gift deed to a close family member. This applies in cases such as the demise of a member, nomination, inheritance, or mutual exchange of flats between members.
Also Read:- How to Transfer Property from Husband to Wife in India 2025
Who Qualifies as a ‘Family Member’?
As per the cooperative housing society bylaws, family members include:
- Spouse (husband/wife)
- Parents
- Children
- Siblings
- In-laws
- Grandchildren
If the gift deed is executed in favour of any of these defined relations, the usual transfer fee of ₹25,000 is waived. However, if the property is gifted to someone outside this defined group, then the standard premium charges apply.
The society, in either case, will require a registered copy of the gift deed and may charge a nominal administrative fee of ₹500 to record the transaction.
Also Read:- Bihar Stamp Duty & Registration Charges 2025 | Housiey
Understanding Parking Allotment in Redevelopment Projects
Housing societies undergoing redevelopment must be especially cautious about parking allotments. Here’s what members need to know:
What Happens During Redevelopment?
- Redevelopment can commence with the consent of just 51% of members.
- The general body finalises key redevelopment terms, such as parking, before selecting a developer.
- These terms must be clearly stated in the Development Agreement and later reflected in each member’s Permanent Alternate Accommodation Agreement (PAAA).
How Is Parking Allotted?
- Parking slots (type and number) are allocated by the developer and documented in the agreement.
- If parking is shared on a rotational basis (e.g., alternating between upper and lower basements), this must be clearly mentioned in both the Development Agreement and each PAAA.
- Existing society members are typically covered under these agreements.
- New flat buyers, however, may not be eligible for rotational parking and can be sold parking slots by the developer, subject to availability.
As per MahaRERA Circular 36 of 2021 and Circular 54 of 2024, all such parking allotments must be transparently documented in the Agreement for Sale.
Also Read:- MahaRERA Latest Rules Ensuring Clearer Delivery Timelines and Homebuyer Protection
Dissenting Opinions? Protect Yourself Legally
If you’re a managing committee member or a general body participant and disagree with any resolution or redevelopment decision:
Here’s What You Should Do:
- Your dissent must be recorded in the meeting minutes by the Secretary.
- If your dissent isn’t recorded, you can escalate the issue by writing to the Registrar within 7 days, attaching:
- An extract of the meeting minutes
- Your written dissent
Also Read:- MahaRERA 2025: RERA Maharashtra Registration, Complaint, Projects & Agents
Why Is This Important?
Under Section 73 (1AB) of the Maharashtra Cooperative Societies (MCS) Act, 1960, managing committee members are jointly and severally liable for decisions made. However, the law also provides protection:
If a committee member records a dissenting opinion in the minutes, they cannot be held accountable for that specific decision later.
This legal safeguard is crucial in avoiding blame or liability for any future fallout from controversial or detrimental decisions.
In Summary:
- Gift deeds to defined family members attract no transfer charges.
- Redevelopment requires detailed agreements, especially regarding parking allotment.
- Dissenting voices have legal protection, but only if recorded properly.
Also Read:- MahaRERA Orders Lodha Developers to Refund ₹6.65 Lakh to NRI Couple After Home Loan Rejection for Mulund Project
In a welcome move for housing society members, it has been reaffirmed that no transfer premium or charges are applicable when a flat or share is transferred via a registered gift deed to a close family member. This applies in cases such as the demise of a member, nomination, inheritance, or mutual exchange of flats between members.
Also Read:- How to Transfer Property from Husband to Wife in India 2025
Who Qualifies as a ‘Family Member’?
As per the cooperative housing society bylaws, family members include:
- Spouse (husband/wife)
- Parents
- Children
- Siblings
- In-laws
- Grandchildren
If the gift deed is executed in favour of any of these defined relations, the usual transfer fee of ₹25,000 is waived. However, if the property is gifted to someone outside this defined group, then the standard premium charges apply.
The society, in either case, will require a registered copy of the gift deed and may charge a nominal administrative fee of ₹500 to record the transaction.
Also Read:- Bihar Stamp Duty & Registration Charges 2025 | Housiey
Understanding Parking Allotment in Redevelopment Projects
Housing societies undergoing redevelopment must be especially cautious about parking allotments. Here’s what members need to know:
What Happens During Redevelopment?
- Redevelopment can commence with the consent of just 51% of members.
- The general body finalises key redevelopment terms, such as parking, before selecting a developer.
- These terms must be clearly stated in the Development Agreement and later reflected in each member’s Permanent Alternate Accommodation Agreement (PAAA).
How Is Parking Allotted?
- Parking slots (type and number) are allocated by the developer and documented in the agreement.
- If parking is shared on a rotational basis (e.g., alternating between upper and lower basements), this must be clearly mentioned in both the Development Agreement and each PAAA.
- Existing society members are typically covered under these agreements.
- New flat buyers, however, may not be eligible for rotational parking and can be sold parking slots by the developer, subject to availability.
As per MahaRERA Circular 36 of 2021 and Circular 54 of 2024, all such parking allotments must be transparently documented in the Agreement for Sale.
Also Read:- MahaRERA Latest Rules Ensuring Clearer Delivery Timelines and Homebuyer Protection
Dissenting Opinions? Protect Yourself Legally
If you’re a managing committee member or a general body participant and disagree with any resolution or redevelopment decision:
Here’s What You Should Do:
- Your dissent must be recorded in the meeting minutes by the Secretary.
- If your dissent isn’t recorded, you can escalate the issue by writing to the Registrar within 7 days, attaching:
- An extract of the meeting minutes
- Your written dissent
Also Read:- MahaRERA 2025: RERA Maharashtra Registration, Complaint, Projects & Agents
Why Is This Important?
Under Section 73 (1AB) of the Maharashtra Cooperative Societies (MCS) Act, 1960, managing committee members are jointly and severally liable for decisions made. However, the law also provides protection:
If a committee member records a dissenting opinion in the minutes, they cannot be held accountable for that specific decision later.
This legal safeguard is crucial in avoiding blame or liability for any future fallout from controversial or detrimental decisions.
In Summary:
- Gift deeds to defined family members attract no transfer charges.
- Redevelopment requires detailed agreements, especially regarding parking allotment.
- Dissenting voices have legal protection, but only if recorded properly.
Also Read:- MahaRERA Orders Lodha Developers to Refund ₹6.65 Lakh to NRI Couple After Home Loan Rejection for Mulund Project
