MRP Rs.
130/-
Flat Transfer Checklist for Individual to Individual (Resale)
Following form are required when a flat transfer by an individual to individual (resale case)
Submitted
Sr Name Of Form/Application Verified By
No
✔|✘
1 Notice of Intention/Application to Transfer
Full Agreement Copy with Deface page and
2
Index-II (Old & New one also)
Transfer Fee - Rs 500 Cheque only, Bye – Law No. 38 (e) (vii)
3
Entrance Fee - Rs 100 per member, Bye – Law No. 38 (e) (viii)
4
Transfer Premium - Rs. 20,000 or Rs 25,000as per society AGM, Bye –
5 Law No. 38 (e) (ix)
A form of Notice of, intention of a member to transfer his shares &
interest in the capital/ property of the society, Bye – LawNo. 38 (a), in
6
duplicate
A form of letter of consent of the proposed Transferee for the transfer
of shares & interest of the member (Transfer) to him (Transferee), Bye –
7
Law No. 38 (a), in duplicate
Form of application for transfer of shares & interest in the
capital/property of the society by the transferor, Bye – Law No. 38(e)
8
(i), in duplicate
BALAJI STATIONERS Contact: - 9767 31 9767 / 8779 65 2889
All Types of Stationery require for managing CO-OPERATIVE HOUSING SOCIETY
is available with us from shop and also Courier Available
Form of Application for Membership of the
9 Society by the Proposed Transferee, Bye –Law No. 38(e)(ii), in
duplicate
The form of undertaking to be furnished by the Prospective members to
use the flat for the purpose for which it is allotted, Bye – Law No. 19 (a)
10
(iv)
Form of notice of Resignation of Membership of the Society by a
11 Member, Bye-Law No. 27(a)
Form of Application for Membership of the
12 Society by an Individual, Bye –Law No. 19(a)
Form of Intimating by the society to the transferee about exercise of
13 rights of membership by him, Bye –Law No. 40
Form of Undertaking about the Registration of the Transfer of a Flat
14 under- Section 269AB of the Income-Tax Act. (To be given jointly by
the Transferor and the Transferee), Bye –Law No. 38(e)(xi)
Form of Undertaking about the registration of the acquisition of a flat
under section 269 AB of the Income-Tax Act.) (To be given by a person
15 seeking direct admission to the membership of the Society), Bye –Law
No. 19A (vii) and (iv)
Form of nomination in triplicate, Bye – Law No. 32
16
MRP Rs.100/-
Transfer process required by Nominee to transfer the flat
Transfer of Shares and interest of the Deceased Member in the Capital / Property of the
Nominee / Nominees Bye Laws - 34 (Form no -15)
Checklist:
Submitted
Sr Name Of Form/Application Verified By ✔|✘
No
1 Application for Membership
Death certificate – Original
2
Release deed of legal heirs in favor of Nominee
3
A form of application for membership by the
4 Nominee/Nominees, Bye-Laws No 34
The form of undertaking to be furnished by the prospective
5 member to use the flat for the purposed for which it is
allocated. (Bye laws No. 19 (a) (iv)) On Rs. 200/- On Stamp
Paper
6 Indemnity Bond on Rs. 500/- Stamp Paper duly Notary.
7 Copy of Duplicate & triplicate Nomination where Nominee
name written
8 Photo Copy of ID Proof PAN & AADHAAR CARD of Applicants
BALAJI STATIONERS Contact: - 9767 31 9767 / 8779 65 2889
All Types of Stationery require for managing
CO-OPERATIVE HOUSING SOCIETY
is available with us from shop and also Courier Available
The form of undertaking to be furnished by the person , on
9 whom the prospective Non – member is dependent for
discharge of liabilities to the society (Byelaws No. 19 (a)(v)
On - Stamp Paper (Form to be filled only If Required)
10 The Form of Application for Membership of the Society by
an Individual, Bye – Law No. 19(a)
The form of application of Associate Membership by an
11 Individual, who deserves to hold shares jointly with another
person, who is already admitted to membership of the society.
Bye – Law No. 19(b) (Form to be filled only If required)
12 Form of Nomination in triplicate, Bye – Law No. 32
13 New owner information (KYM)
14 Photo Copy of ID Proof PAN & Aadhar Card of Applicants
15 Transfer Fee as per Bye- Law No. 38 (e ) (vii) Rs. 500/-
16 Entrance Fees as per Bye- Law No. 38 (e ) (viii) Rs. 100/-
What Bye – Law No. 34 Says?
1. Subject to the provisions of Section 30 of MCS Act. 1960 Bye-law No. 17A or 19, on
the Death of a Member, the Society shall transfer the shares and interest of the
deceased Member in the Capital/Property of the Society to the
Nominee/Nominees and in proportion with the shares and interest held by the
deceased Member, in case propertyis purchased by Member and associate
Member jointly.
2. In the event of the death of the Member, Nominee/Nominees shall
submit theApplication for Membership, within six months from the death
of a Member.
3. If there is more than one Nominee, on the death of a Member, such Nominees shall
make Joint Application to the Society and indicate the name of the Nominee who
should be enrolled as Member.
4. The other nominees shall be enrolled as Joint/Associate Members unless the
nomineesindicate otherwise.
5. The nominees shall also file an Indemnity Bond in the prescribed form
Indemnifying theSociety against any claims made to the shares and interest of the
deceased Member in the Capital/Property of the Society by any of them, in case
only one nominee is indicated by the Nominees for Membership of the Society.
Note:- In case of acquiring Membership on the basis of Nomination, such
Member shall hold the flat / unit in 'trust' till all the Legal Heirs are brought on
record and shall not have the right to ownership and shall not create third
party interest or alienation in any way whatsoever.
MRP Rs.100/-
Transfer Process by legal heirs to transfer the flat if no
Nomination done – Bye Law 35
Transfer of Shares and interest of the Deceased Member in the Capital / Property of the
Society to the legal heir Bye Laws – 35 (Form no - 17)
Checklist:
Submitted
Sr Name Of Form/Application Verified By ✔|✘
No
Death certificate – Original
1
Certified copy of Succession Certificate / probate of WILL / Legal
2 heirship Certificate / Register Released Deed
Application for Membership by the heir of the deceased
3 member as per the (Bye- Laws No 35)
The form of undertaking to be furnished by the prospective
4 member to use the flat for the purposed for which it is
allocated. (Bye laws No. 19 (a) (iv)) On Rs. 200/- Stamp
Paper
5 The form of undertaking about the registration of the
acquisition of a flat undersection 269AB of the Income Tax Act
(Bye Laws Nos. 19(a), (iv) &(vii)) On Rs. 200/ Stamp Paper
6 Form of Indemnity Bound on Rs. 500/- Stamp Paper duly
Notary.
7 Newspaper Notice (Bye Laws Nos. 34)
BALAJI STATIONERS Contact: - 9767 31 9767 / 8779 65 2889
All Types of Stationery require for managing
CO-OPERATIVE HOUSING SOCIETY
is available with us from shop and also Courier Available
The form of undertaking to be furnished by the person , on
8 whom the prospective Non – member is dependent for
discharge of liabilities to the society (Byelaws No. 19 (a)(v)
On - Stamp Paper (Form to be filled only If Required)
9 The Form of Application for Membership of the Society by an
Individual, Bye – Law No. 19(a)
10 The form of application of Associate Membership by an
Individual, who deserves to hold shares jointly with another
person, who is already admitted to membership of the society.
Bye – Law No. 19(b) (Form to be filled only If required)
11 Form of Nomination in triplicate, (Bye – Law No. 32)
12 New owner information (KYM)
13 Photo Copy of ID Proof PAN & AADHAAR CARD of Applicants
14 Transfer Fee as per (Bye- Law No. 38 (e) (vii) Rs. 500/-)
15 Entrance Fees as per (Bye- Law No. 38 (e) (viii) Rs. 100/-)
What Bye – Law No. 35 Says?
1. Where a Member of the Society dies without making a nomination, or no nominee
comes forward for transfer, the Society shall invite within six month from the
information of his death, claims or objections to the proposed transfer of Shares
and interest of the deceased Member, in the capital/property of the Society, by a
public notice, in the prescribed form, exhibited on the notice board of the Society.
2. It shall also publish such notice in at least two local newspapers, having
wide circulation. The entire expenses of publication of the notice shall be
recoverable from the value of shares and interest of the deceased
Member in the capital/property of the Society.
3. After taking into consideration the claims or objections received, in response to the
said notice, and after making such inquiries as the committee considers proper in
the circumstances prevailing, the committee shall decide as to the person, who in
its opinion is the heir or legal representative of the deceased Member. Such a
person will be eligible to be a Member of the Society subject to the provisions of
the bye-laws Nos. 17(a) or 19, provided that he gives an Indemnity Bond along with
his application for Membership in the prescribed form, indemnifying the Society
against any claims made to the shares and interest of the deceased Member in the
capital/ property of the Society, at any time in future, by any person.
4. If there are more claimants than one, they shall be asked to make the affidavit as
to who should become a Member of the Society and such person, named in the
affidavit shall furnish the indemnity bond as indicated above along with
application for Membership, referred to above. If however, the committee is not
able to decide as to the person who is the heir/legal representative of the
deceased Member or the claimants do not come to the agreement, as to who
should become the Member of the Society, the Committee shall call upon them to
produce succession certificate from the Competent Court. If, however, there is no
claimant, the shares and interest of the deceased Member in the capital/property
of the Society shall vest in the Society.
