Free Flat Transfer Deed Co-op Society India PDF Template

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Title: DEED OF TRANSFER OF A FLAT IN CO-OPERATIVE HOUSING SOCIETY Format

Are you looking for a reliable DEED OF TRANSFER OF A FLAT IN CO-OPERATIVE HOUSING SOCIETY Format to ensure a smooth and legally sound property transfer in India? This essential legal document is your key to transferring ownership of a flat in a co-operative housing society without any disputes.

In the bustling real estate market of India, particularly in urban areas like Mumbai, Pune, and Delhi, co-operative housing societies are common. A DEED OF TRANSFER OF A FLAT IN CO-OPERATIVE HOUSING SOCIETY Format is a crucial instrument that formalizes the sale, gift, or inheritance of a flat unit. Governed by the Maharashtra Co-operative Societies Act, 1960 (or equivalent state laws), and society bylaws, it ensures compliance with all regulatory requirements, including No Objection Certificate (NOC) from the society and clearance of dues.

Why is a DEED OF TRANSFER OF A FLAT IN CO-OPERATIVE HOUSING SOCIETY Format Important?

Transferring a flat in a co-operative society isn't as simple as a regular property sale. Societies have unique rules: membership transfer must be approved, share certificates handed over, and maintenance dues cleared. Without a properly drafted deed, you risk legal challenges, delays in registration, or even society rejection. This format safeguards your interests by including stamp duty provisions, registration mandates under the Registration Act, 1908, and protections against encumbrances. It's vital for avoiding future litigations in civil courts and ensuring clear title transfer.

Key Elements of the DEED OF TRANSFER OF A FLAT IN CO-OPERATIVE HOUSING SOCIETY Format

A comprehensive DEED OF TRANSFER OF A FLAT IN CO-OPERATIVE HOUSING SOCIETY Sample should include:

Parties Involved: Details of Transferor (seller) and Transferee (buyer), with PAN, Aadhaar, and addresses.
Property Description: Flat number, building name, society details, carpet/built-up area, and common areas.
Consideration Amount: Sale price, mode of payment, and receipt acknowledgment.
Society Approvals: NOC from society, transfer of shares, and no-arrears certificate.
Declarations: No liens, encumbrances, or pending litigations; compliance with RERA if applicable.
Terms and Conditions: Possession date, maintenance handover, and indemnity clauses.
Execution: Signatures, witnesses, and date/place for registration.

These elements make the document ready-to-use and customizable for PDF/Word formats.

Who Should Use This DEED OF TRANSFER OF A FLAT IN CO-OPERATIVE HOUSING SOCIETY Format?

Ideal for:

Homeowners selling flats in co-op societies.
Buyers purchasing resale flats.
Family members transferring via gift or will.
Real estate agents or developers handling society properties. Common in Maharashtra, Karnataka, and other states with co-op societies. Whether for business investments or personal use, this legal template streamlines the process.

Download Your Customizable DEED OF TRANSFER OF A FLAT IN CO-OPERATIVE HOUSING SOCIETY Format Today!

Get instant access to our free download of the DEED OF TRANSFER OF A FLAT IN CO-OPERATIVE HOUSING SOCIETY Format in PDF or Word. Customize it effortlessly with AI tools or seek legal help for society-specific tweaks. Perfect for quick registrations at sub-registrar offices.

Note: While this ready-to-use DEED OF TRANSFER OF A FLAT IN CO-OPERATIVE HOUSING SOCIETY Sample meets standard court and company requirements in India, consult a local lawyer for personalized advice. Ensure proper stamping and registration. Explore related templates like Sale Deed, Society NOC Format, or Share Transfer Agreement for complete transactions.

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DEED OF TRANSFER OF A FLAT IN CO-OPERATIVE HOUSING SOCIETY

Non-Judicial

Deed of Transfer of a Flat in Co-operative Housing Society

THIS DEED OF TRANSFER MADE AT ___________ this day of _______________, Two thousand ___ BETWEEN ABC of ________, Indian Inhabitant, having present address at _______________________________, hereinafter called ?THE TRANSFEROR? (which expression shall unless it be repugnant to the context or meaning thereof, mean and include his heirs, executors and administrators) of the One Part; AND XYZ of _____________, Indian Inhabitant, having his address at _____________ _______________________, hereinafter called ?THE TRANSFEREE?(which expression shall unless it be repugnant to the context or meaning thereof, mean and include his heirs, executors, administrators and assigns) of the Other Part:

WHEREAS:

(a) The Transferor is seized and possessed of or otherwise well and sufficiently entitled to flat bearing no. 1 admeasuring 650 sq. ft. of carpet area on the 6th floor of the building known as ?PQR APARTMENT? belonging to PQR Co-operative Housing Society Ltd. at ________________________ ________ (hereinafter referred to as ?the said Flat?.

(b) The Transferor is also the registered member and shareholder of PQR Co-operative Housing Society Limited registered under the Maharashtra Co-operative Society Act, under registration no. _________________________________ (hereinafter referred to as ?the said Society?) and as such, is the registered holder of 5 (five) shares of face value of Rs. 50/- (Rupees fifty only) each, of the aggregate value of Rs. 250/- (Rupees Two hundred fifty only) bearing distinctive nos. 301 to 305 (both inclusive) issued by the said society (hereinafter referred to as ?the said Shares?) and bearing Certificate No. 10 in respect of the ownership of the said Flat. The said Flat and the said shares are more particularly described in the Schedule hereunder written and are hereinafter collectively referred to as ?the said premises?.

(c) The said flat was originally purchased by the Transferor from the Builders M/s. _______________ under the agreement dated ______________. The Transferor has paid the full consideration to the said Builders and complied with all his obligations under the aforesaid agreement and since then he is in lawful occupation of the said flat as absolute owner thereof. All the flat Purchasers of the said ?PQR APARTMENT? have collectively formed the said society.

(d) The Transferor is entitled to sell, transfer, convey and assign all his right, title and beneficial interest in the said flat no. 1 on the 6th floor of the building known as ?PQR APARTMENT? of the said Society and also the said shares in favour of the Transferee;

(e) The Transferee has under the agreement dated _________ agreed to purchase and acquire from the Transferor the said premises together with all right, title and interest of the Transferor therein, free from all encumbrances and reasonable doubts for a total consideration of Rs. _______________ (Rupees _____________________ only) on the terms and conditions recordered therein.

(f) The said society has issued its? NOC to admit the Transferee as its member in respect of the said premises.

(g) In pursuance of the above, the parties are executing the present Deed of Transfer to record the agreement arrived between them and complete the transaction.

NOW THIS DEED WITNESSETH and it is hereby agreed, confirmed and recorded by and between the parties hereto as follows:?

1. The Transferor hereby transfers, conveys and assigns all and singular his right, title and interest in the said ownership Flat No. 1 (admeasuring 650 sq. ft. carpet area) on the 6th floor of the building known as ?PQR APARTMENT? situated at ____________________________________ belonging to PQR
Co-operative Housing Society Limited free from all encumbrances and reasonable doubts together with all his right, title and interest in the said five fully paid up shares of the face value of Rs. 50 each (of the aggregate value of
Rs. 250) bearing Nos. 301 to 305 and bearing Certificate
No. 10 in the Capital of the said Society and issued by the Society (including Share money, deposits, sinking fund etc) and as incidental thereto all and singular the beneficial rights, title, interest and property of the Transferor as the registered member of the Society including the allotment and ownership of the said flat as also all the direct and indirect benefits attached to the said flat and the said shares (the said Flat and the said Shares are hereinafter collectively referred to as ?the said premises?) unto the Transferees at and for the lump sum of price of
Rs. _______________ (Rupees _______________________ only).

2. In pursuance of the aforesaid agreement, the Transferee has on execution of the said agreement dated ________ paid a sum of Rs. ___________ (Rupees ____________________________ only) to the Transferor as earnest and on or before execution
hereof paid a further sum of Rs. ______________ (Rupees _____________________ only) aggregating to Rs. ____________, being the full and final consideration (the payment and receipt whereof the Transferor doth hereby admit, confirm and acknowledge) and the parties have completed the transaction as herein stated.

3. The Transferor has on execution hereof handed over quiet, vacant and peaceful possession of the said Flat to the Transferee as absolute owner thereof.

4. The Transferee shall hereinafter be fully entitled to quietly and peacefully possess, occupy, enjoy and hold the said premises together with all deposits and amounts lying to the credit of the Transferor in the said Society?s account for unto and to the use and benefit of the Transferee without any hindrance, lien, charge, interest, denial, demand, interruption, eviction or claim of whatsoever nature from the Transferor or any person or persons claiming through, under or in trust for the Transferor.

5. The Transferor doth hereby further agree and undertake that from time to time and at all times hereafter, at the request and cost of the Transferee herein, he shall do and execute all documents, deeds and writings whatsoever as may be necessary for better and more perfectly transferring the right, title, interest and benefit of the Transferor in the said premises and every part thereof to the exclusive use and benefit of the Transferee as aforesaid.

6. The Transferor declares and has represented, covenanted and assured to the Transferee:?

(a) That the Transferor has duly paid and discharged in full all the dues and liabilities in respect of the said premises including the Municipal outgoings, taxes, rates, maintenance charges etc. payable to the said society upto the date hereof;

(b) That the Transferor is the sole and absolute owner and beneficiary of the said premises duly standing in the name of the Transferor in the books and all other records of the said society and is absolutely entitled to the same and to all incidental rights thereto and to the exclusive right to the use, enjoyment and occupation of the said Flat and except the Transferor no other person or persons have any right, title, interest, claim or demand of any nature whatsoever upon the said premises;

(c) That notwithstanding any act, deed, matter or thing whatsoever done, omitted by the Transferor or any person or persons lawfully or equitably claiming by, from, through, or in trust for the transferor, the Transferor has full power and absolute authority in his own right to transfer the said premises and to relinquish and transfer all his rights, title and interest therein in favour of the Transferee;

(d) That neither the Transferor nor any one on his behalf has committed or omitted any act, deed, matter or thing whereby his holding of the said shares and incidental rights thereto including the right to peaceful use, occupation, ownership and enjoyment of the said flat and other rights and benefits in respect thereof may become or may be prejudicially affected or encumbered in any manner or whereby the said shares and his other right, title and interest therein may become liable to attachment and/or sale whether by a decree or order of the Competent Court or otherwise;

(e) That the Transferor has not created or purported to create any tenancy, license, charge, lease, mortgage, lien or any kind of third party rights over the said premises and no other person or party have any right, title or interest, claim or demand in to or upon the same either by way of mortgage, gift, trust, inheritance, lease or otherwise and that the same are free from all encumbrances and there is no pending litigation of any kind whatsoever.

(f) That the Transferee shall on completion of the transfer peaceably and quietly be entitled to hold and own the said flat and the said shares and all incidental thereto including the right to enter upon and remain in sole occupation and enjoyment of the said flat and/or any part thereof in the Transferee?s own right without any interference disturbance, interruption, claim or demand whatsoever and/or any person or persons lawfully and equitably claiming by from, through, under or in trust for the Transferor;

(g) That the Transferor has duly complied with observed performed all the Rules, Regulations and Bye-Laws of the said Society and that the Transferor has neither received any notice from the said Society for or in relation to any breach of any of the Rules, Regulations and Bye-laws of the said Society nor are there any actions or proceedings pending against the Transferor instituted by the said Society or any member of the said society in respect of the said premises including any notice or action for expulsion or termination of the Transferor as the member of the said society; and

(h) That the Transferor has not received any notice for acquisition or requisition of the said flat and/or the said shares;

Relying upon the aforesaid representations, statements, covenants and assurances of the Transferor, the Transferee has purchased the said premises.

7. The Transferor shall pay to the said Society all the dues and outgoings till the date hereof and thereafter the Transferees shall be liable to pay the same.

8. The Transferor has on execution hereof delivered to the Transferee the original Share Certificate along with the said Original Agreement dated ___________________ with the said Builders being the only title deeds evidencing the Transferor?s right, title and interest in the said premises. The Transferor has also duly executed and delivered the relevant transfer form to the Transferee.

9. The Transferor has represented and assured to the Transferee that his title to the said premises is free from all encumbrances and claims and reasonable doubts of whatsoever nature. In the event it is found that Transferor?s title to the said premises is defective or any claim is made on the said premises or Transferee has suffered any loss or damages by the statements, declarations, representations and assurances made by the Transferor or any claim whether directly or indirectly is made on the said premises, in that case Transferor agrees to indemnify and hereby indemnifies the Transferee and/or his nominees/successors in title against all loss, damages, cost and expenses which may be suffered by the Transferee on account of above and the Transferor shall reimburse the Transferee and/or his nominees and/or successors in title for the same.

10. The stamp duty and registration charges (if any) shall be borne and paid by the Transferee alone. The Transfer charges and/or donations/contributions payable to the said society for transfer of the said premises in favour of the Transferee shall be borne and paid by the parties equally.

11. The aforesaid recitals and the agreement dated ___________ earlier executed between the parties hereto shall form integral part of this instrument.

SCHEDULE ABOVE REFERRED TO:

(The detailed description of the said flat alongwith C.T.S.
number as also of the said shares)

IN WITNESS WHEREOF the Transferor and the Transferee have set and subscribed their respective hands, the day and year first hereinabove written.

SIGNED AND DELIVERED by )

the within Named ABC )

The TRANSFEROR above Named, )

in the presence of .... )

SIGNED AND DELIVERED by )

the within Named XYZ, The )

TRANSFEREE above Named, )

in the presence of .... )

R E C E I P T

RECEIVED the day and year first, hereinabove )

written of and from the within Named Transferee )

the sum of Rs. __________ (Rupees ________ )

____________________ ) which together with )

Rs. _________ (Rupees ______________ )

received as earnest money as within recited )

makes in the aggregate the sum of Rs._________ )

(Rupees _____________________________), )

being the full consideration money )

abovementioned to be by it paid to me. )

I SAY RECEIVED

(ABC)
TRANSFEROR

Witness:

NOTE: The following documents should also be executed:?

(a) The form of application for membership of the society.

(b) The form of undertaking to be furnished by the prospective member to use the flat for the purpose for which it is allotted.

(d) Declaration of the Transferor and the Transferee that the said flat is not surplus vacant land under the Urban Land (Ceiling & Regulation) Act and that such transfer will be subject to provisions of the said Act. This declaration is generally insisted by the societies although it is not necessary.

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Important Guidelines

A Deed of Transfer of a Flat in a Cooperative Housing Society is a legal document used when an individual intends to transfer ownership of their apartment or flat within a cooperative housing society to another person. This deed formalizes the transfer process and ensures compliance with the society's rules and regulations. Here are guidelines for drafting such a deed and

Common Mistakes to Avoid:

Parties and Property Details: Clearly identify the transferor (seller) and transferee (buyer) by their full names and addresses. Specify the flat's details, including its location, number, and society's name.

Transfer Terms: Describe the terms of the transfer, including the sale amount, payment method, and any dues or liabilities.

Society's Consent: Ensure that the society's consent for the transfer is obtained and include it in the deed.

Declaration of Title: Include a declaration by the transferor affirming their rightful ownership of the flat and that it is free from encumbrances.

Indemnity Clause: Incorporate an indemnity clause, where the transferor assures the transferee against any legal claims related to the flat.

Signatures and Date: Ensure that both parties sign the deed, witnessed if necessary, and notarized as required by local laws.

Common Mistakes to Avoid:

Inadequate Documentation: Failing to provide necessary documents, such as the society's consent or property title papers, can hinder the transfer process.

Unclear Terms: Using vague language or not defining the terms clearly can lead to disputes.

Non-Compliance with Society Rules: Ignoring the cooperative housing society's regulations can result in the transfer being rejected.

Neglecting Legal Review: Not having the document reviewed by a qualified attorney may result in errors or omissions.

Omitting Outstanding Dues: Ensure that any outstanding maintenance fees or dues are addressed in the deed to avoid complications for the new owner.

Drafting a Deed of Transfer for a cooperative housing society is crucial to formalize the property transfer and protect the interests of both parties. Consulting with a qualified attorney experienced in real estate and cooperative society law is advisable to avoid common pitfalls, ensure compliance with local regulations, and maintain a legally sound transfer deed.

Frequently asked questions

What is a Deed of Transfer of a Flat in Co-operative Housing Society?→

This is a legal agreement used in India to formally transfer ownership of a flat from seller to buyer in a co-operative housing society, complying with the society's bylaws and Indian property laws.

Is this Deed legally valid across India?→

Yes, it is legally valid in India when drafted correctly, stamped as per state laws, registered at the sub-registrar office, and approved by the co-operative society.

Do I need to pay stamp duty for this Deed?→

Yes, stamp duty is mandatory as per the Indian Stamp Act and state-specific rates based on the property value; also, obtain society NOC and no-objection certificate before registration.

In what format can I download this Deed?→

Download this customizable Deed in editable Word (.docx) or PDF format for easy printing, signing, and legal use in India.

Can I edit or customize this Deed of Transfer?→

Absolutely, this template is fully customizable; modify details like parties' names, flat details, sale consideration, and society clauses before stamping and registration.

When and who should use this Deed in a co-operative society?→

Sellers and buyers should use it after executing the sale agreement, for transferring flat shares and possession in Indian co-operative housing societies, ensuring society transfer fees are paid.