Society not issuing noc for gift deed


Good day,

I have a query with regards to Gift Deed. My Grandmother-in law has made a gift deed in favour of my brother-in-law (her own grandson who is 23 yrs old working with a pvt firm). The deed has been registered and all legal formalities have been met. Here the problem is the society in which they reside are extra-ordinarily smart and are not willing to give a NOC as required. There are no dues and no payments pending for which a NOC can be refused. Here the society is querying that why the grandmother is making a gift of property to her grandson and not to her sons or daughters. They are saying that they will call for a meeting and then decide whether a NOC can be issued or not? Can someone assist as to why are they so bothered about whats happening in other peoples house. Even the MHADA (Bandra officials) are saying that there is no reason why a society should refuse NOC for a gift deed when all the papers are already clear. A MHADA official also spoke to the writer of that society saying that why are they holding the NOC for this case? My friend who is helping them with the gift deed says that this is the first case he has encountered where the society has objected to the NOC for a no valid reason.

Can someone please advice as to what steps we need to take if incase the Society does not co-operate?

Your advice would really matter..... Thanks a ton

 
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Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505

Dear Jalraj,

As per law you don't require any NOC from society for getting Gift deed registered in you brother in law's name. please check out the local registering authority means Sub-Registrar, if he agrees with it go ahead.

Regards

Rajiv Bhasin

Advocate

9811210505, 9868635640

 
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Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505

Dear Jalraj,

Your Grand mother must me member of the society, you can also make complaint to Registrar Group Housing Society and get it issued. As per law member can seek information from the society. even on your complaint you can seek RTI. First do this.

Regards

Rajiv Bhasin

Advocate

 
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Thanks a ton sir, but i had a query further.

The gift deed is already registered at the sub registrar office and the necessary stamp duty and relevant charges have been paid. Since we are residents of MHADA building, the procedure is that the transfer should be done by the MHADA authorities. For getting this transfer done, MHADA requires a attested copy of the registered gift deed, necessary forms for transfer and a NOC from society in which my gradmother-in-law is a member. The society here is not co-operating and its almost 2 months since the gift deed has been registered. They are more curious to know why the transfer is happening in the name of the grandson and not any other member of the family. Does the bye-laws permit them to enquire why the donor is gifting and to whom he/she is gifting? Even the MHADA authorities are not having a clue as to why they are holding the NOC for no valid reason.

in this case do we need to approach the Registrar of housing societies and inform them about the situation?

Thanks again for your prompt reply!!

 
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