Flat owners charged over dual charges

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, June 3

The UT transfer policy announced in November last left thousands of allottees of cooperative housing societies in the lurch with exorbitant fee at every step defeating the very purpose of such societies. The Administration, while claiming to have simplified the procedure, has in fact placed additional burden on the flat owners, owing to which a majority plan to challenge the policy in courts.

Doing away with completion certificate for execution of conveyance deed for societies, the Administration had announced a one-time relief up to June 30 this year, after which the deed will be executed and registered on the prevailing market rate and not the actual amount paid to the Administration.

Devinder Gupta, president, Universal Society in Sector 48, says asking an allottee to pay stamp duty for a sub-conveyance deed/sub-deed in the name of the original allottee as per the current collector rate was unjustified.

Satish Kumar Sharma of Group Housing Cooperative Welfare Council says imposing one-time charges and a lump sum composition fee for transfer of flats sold on GPA, sale agreement or a will was not right.

The UT policy mentions that it may not be possible to register conveyance deed on previous transaction dates and hence had decided on a lump sum composition fee to be recovered from the present occupant before execution of conveyance deed. Also, one-time charges on account of unearned increase will be levied.

Running from pillar to post  

SK Aggarwal , 73, is running from pillar to post for justice. He purchased a flat in the PGI faculty society via GPA in 2003. As per the transfer policy, he deposited a transfer fee of Rs 52,000 with the society. The share certificate was duly endorsed in his name. Later, the Supreme Court ruled that GPA does not convey the title. He says in the policy announced in 2018, the UT fixed the cut-off date, directing the owners to pay a one-time charge of Rs 3, 75,000 after that. He says implementing the order with  retrospective effect is unjustified and misinterpretation of the judgment.

The Administration has ruined the coop housing society movement. In no other state are members of such societies charged double fee for registration. — Satish Kumar Sharma, Universal Society

When land was allotted, members’ list was attached with the letter. The land cost was borne by members. Compelling them for sub-conveyance deed is illegal. — Kamal Kishore Sharma, advocate

Fee cannot be charged twice. When people have paid for conveyance deed for land, there is no point asking them to pay for sub-conveyance deed. — PB Vasudeva, advocate

Official Word

UT notified the policy after deliberations with all stakeholders. Conveyance deed will have to be executed between the CHB and society while sub-deed will give the title to flat owners. While ensuring that the government gets its statutory revenue, it has been also ensured that allottees will not face legal complication in future.  — Sachin Rana, Additional Registrar