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Noc of the society

Guest (Querist) 21 May 2015 This query is : Resolved 
sirs, the society is dening me to provide a noc for resale of flat,there are no dues remaining, and we are ready for the tranfer charges to be paid,the reason they are providing is that we have made a hanging grill of 1.7feet,and we have interfered in to the societies space. but this is absolutely wrong and there is enough space for passsby and space enough to park a fourwheeler and walk through. sir my mistake was that i dint provide an application for the same but the main reason behind it was that i was completely unaware of the fact that society was formed as the builder with his three friends in the society did the required formalities .the society show no sign of being formed i.e there are no name plate ,the name of the society with registration no. on the board,no meetings held etc.( no signs of society being formed). now they are forcing us to undo our grill work orelse the will not provide us the noc this is all orally. we have given three application for noc but they have not replied even to one of them in written. the grill is made by us only for safety purpose as there is no watchman and no gate to the building and it has cost us alot as we have covered it with glass.
sir till wat extent can we i.e ground floor dweller can make their grill?????
what is the way out of it??
we are going to approach the registrar office but i do need different opinions from experts to guide me on this???
pls help me my customer is ready and the society has messedup one huge reason behind it is the sceretary has some stupid issues with my family so he is misuing his rights.
pls reply soon.
ADV-JEEVAN PATIL, MUMBAI (Expert) 21 May 2015
In fact no permission of SOC is required for sale. If u have not enclosed SOC space in ur flat SOC should not have objection to sale. Any way if u stay in Mumbai or else write to me Email. Jeevansci@yahoo.com or 9869400938
Guest (Querist) 21 May 2015
sir m in need of noc so that my buyer can apply for loan .and the only reason they are providing is the grill issues mentioned for not providing me a noc? is there any other legal document equivalent to that of societies noc??
my flat is in badlapur,thane
Dr J C Vashista (Expert) 22 May 2015
1. You have violated the bye-laws of society, which you have admitted and society got an opportunity to twist your arm.
2. You need not have a NOC for sale of the flat, if you are title holder, show the documents to a local lawyer.
Guest (Querist) 22 May 2015
my only mistake was that i dint inform them?? i have given an apology letter for the same . we have bought the flat from the builder and we own it.
no bank would give LOAN to a buyer without a noc.
any other equivalent document??
any other way out??????
T. Kalaiselvan, Advocate (Expert) 24 May 2015
Since the society is dodging the issue of NOC, you can on the basis of the application already made before them, can issue a legal notice demanding NOC for the purpose of selling the property and are ready to comply with the necessary formalities in that regard including the transfer fee. If this notice is not invoking any response you may approach the court as proposed by you. Take the help of a local advocate on all further issues.
Guest (Querist) 25 May 2015
I HAVE APPROACHED TO THE DDR OFFICE i.e THE REGISTRAR
even they issued a leeter to the society to handover the noc letter to us to which the society has replied stating the above grill issues again.
now what m i suppossed to do?
Guest (Querist) 25 May 2015
what are the grill rules exactly??
Guest (Querist) 03 June 2015
even after two letters given by the registrar office they have not issued the noc for loan purpose.
it has become a joke for them. and dey r having fun troubling us.
any advice apart from contact a lawyer would be appreciate
ty
Guest (Querist) 11 June 2015
no 1 answers/ disappointed
where is the consumer court for people of badlapur


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