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Mohammed (Junior)     17 June 2012

Housing society not issuing noc

 

Hi,

I had purchased a flat in Mira Road from builder in March 2008, which is registered in my name and housing society has been dully registered in Oct 2009. The society was registered directly as the builder did not cooperated to form the society. I had signed an M.O.U with the purchaser on July 2011 whereas the purchaser paid the Stamp Duty and registered his flat on 2nd Feb 2012.

I my self is the member of the committee formed and a bond was signed by me after election. The Chairman and Secretary both are government servants.

On October 2011 I have to send my wife to her father home as she was creating nuances in the building around 3 A.M in night. Now we are going through family problem. My wife on 25th January 2012 file an FIR for 498 A as well as Domestic Violence Act on 23rd January 2012.

For Domestic Violence Act which was filed on 23rd January 2012, I received summons from court on 31st January 2012 to appear in court on 7th February 2012. I had already transferred the flat on 2nd January 2012 in the name of the purchaser. I had also paid the transfer charges to the Society by cheque which was duly cleared on 15 Feb 2012.

On 7th February my Advocate informed the court that we had already sold the flat and we have no property in our name and staying on a rented flat. Still the court ordered not to create any third party interest on the said flat from 7th Feb till next day and no other order for passed other than this.

My advocate said not to worry as we have already sold the flat and this order does not stand for us. My Wife has given the order copy to my Society and now they are not willing to give me NOC as they are saying there is some dispute in the flat and the court has ordered not to create third party.

The order clearly stated that not to create third party interest till next date and till not four dates has been gone as we are only getting dates.

My point is how to get the NOC from the society as they do not have any court order. Can I approach the registrar to get the NOC as its almost 4 months.

 



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