Society not giving noc for registration and bank loan
AQB
(Querist) 15 September 2013
This query is : Resolved
I am staying on rent in this society which denied me NOC to renew my lease agreement. I decided to buy a flat in the same society and now they dont provide the noc for bank loan and registration. They have not given a reason that is evident by anything. In one of the event that the society boys organized, they did not give any credit to the society governing committee and since then they are against that group of boys. And because I am friends with that groups, they are targetting me. The others own their flats so cant be thrown out. I stay on rent thats why I have become the victim. Now, when I have decided that I will purchase my own flat, they are trying all possible things to stop it. I have approaced the local MLA also for help but he was of no support. What should I do get the noc for registration and bank loan? Can they really stop me from buying a property? What should I do now?
Dr J C Vashista
(Expert) 16 September 2013
Incompleate and vague querry.
1. Do you really need NOC of the society for renewal of your lease agreement?
2. Purchase of flat in same society is a different issue then that of lease, isn't it?
3. You would like to register lease agreement or sale deed?
4. Bank loan is required to be raised for what purpose?
5. Who is this "group of other boys" and how is it connected with your bank loan/lease?
6. As the Cooperative societies are governed by State Act, which state you mean?
7. What type of society you have referred?
AQB
(Querist) 16 September 2013
I need noc for registration and bank loan.
Yes, the society is same where I am staying on rent. Its in Thane, Mahatashtra.
I need bank loan to fund the remaining about for purchase of flat in the same society.
The group of boys is a group of friends in the same society where I am staying on rent and where I wish to purchase the flat. All of them have their owned property and nobody from that group is staying on rent. Therefore the society can not take any action against them but will stop my registration and bank loan.
Its a cooperative housing society
prabhakar singh
(Expert) 16 September 2013
You are tenant of a flat whose landlord is some one else and it your landlord who would be member of the CHS.
CHS can issue NOC only in favor of it's members and not in favor of tenants of it's members.
It is your land lord who can issue you a certificate that you are not in arrears.
The very demand of bank for NOC from CHS in your favor is misconceived.
An owner of any CHS flat can sale his flat to any one without consent of CHS.
A CHS is entitled to only it's dues,if any,
so certificate if any needed is that your seller does not owe any dues to society.So call it NO DUES CERTIFICATE and NOT NOC,ask your seller to obtain the same from society.
AQB
(Querist) 16 September 2013
Thank you very much sir.. I will contact you if I need more details.. But this info is really valuable
V R SHROFF
(Expert) 16 September 2013
Only members can demand NOC. from Society.
AQB
(Querist) 16 September 2013
Thank you for the replies. I asked for a NOC template from HDFC bank and it clearly shows that the name of the buyer has to be mentioned. I understand that the seller of the flat will ask for this NOC from the society but the problem is that the society is not ready to issue it on my name. What should I do?
Rajendra K Goyal
(Expert) 16 September 2013
Try the loan from another Bank.
The seller should send a letter in writing to society for NOC. If no reply lodge complaint to Registrar of Societies.
Rajendra K Goyal
(Expert) 16 September 2013
Try the loan from another Bank.
The seller should send a letter in writing to society for NOC. If no reply lodge complaint to Registrar of Societies.
ajay sethi
(Expert) 16 September 2013
you dont need society NOC for purchase of flat in cooperative society . however for loan purposes bank would insist on NOC from society .
seller of flat must have applied for NOc . if society refuses to do so then complain to registrar
AQB
(Querist) 16 September 2013
Thank you Ajay for the reply. Does society have the right to reject the NOC application if the buyer has no criminal records and the seller has no outstanding charges towards the society? Somebody told me that under some section of Co Op Societies Act, the society reserves the right to issue NOC for Bank loan.
AQB
(Querist) 16 September 2013
Rajendra - Thank you for your reply. Even if I apply loan from another bank, then NOC is still a requirement. What is the workaround for that?
ajay sethi
(Expert) 16 September 2013
society must mention why it is not giving NOC
since society has not given any reasons for refusal to give NOC in writing you have a remedy . complain to deputy registrar .
AQB
(Querist) 16 September 2013
Thank you Ajay!! I will ask for the reason in writing.
ajay sethi
(Expert) 16 September 2013
thanks for your appreciation
Dr J C Vashista
(Expert) 16 September 2013
Until there is some dues the society is bound to issue NOC to its member, on request
prabhakar singh
(Expert) 16 September 2013
sorry! if my answer could not help you!Though it was my sincere effort to meet all the circumstances.
AQB
(Querist) 17 September 2013
Thank you all once again.. I will follow the steps and contact you again when I need help.
R.K Nanda
(Expert) 17 September 2013
nothing more to add.
AQB
(Querist) 18 September 2013
Now, I have heard that the bye-laws of the society states that the committe has a right to decide who can purchase the flat. Is this possible? Can the bye-laws decide this?
Rajendra K Goyal
(Expert) 18 September 2013
Ask for a copy of the decision taken by the committee that you can not purchase the flat and challenge the grounds on which such decision is arrived.
AQB
(Querist) 18 September 2013
Thank you Rajendra. They have termed me as trouble maker. I know they cant prove it. But is that a vaild point?
Dr J C Vashista
(Expert) 18 September 2013
Bye-laws of the society cannot include any such condition, since it has to be in confirmity with State Cooperative Socities Act and State Cooperative Societies Rules passed by legislators.
Donot believe on hear-say, get a copy of Bye-law and ask for any resolution, if any passed by MC, which no prudent person can accept.
Give a second thought and try somewhere else, if you find such behaviour, why to stick to same society.
It would be better to call it a day for this thread since you have streched it sufficient.
AQB
(Querist) 18 September 2013
Thank you sir for the reply. It helps a lot. I understand that its not sensible to stick there. But on the emotional side and considering the self-respect, they cant just throw out anybody with allegations. I can purchase it and sell it off in a few months. I will atleast be satisfied that I left on my own with respect.
