VASANTHI (HOUSE WIFE) 22 February 2014

Sale of house

Sir,

I have purchased a house 20 years back with the help of my father. I am having a son, he is leaving with me and is sick. I am now living alone with my handicapped son. My husband left me and he staying with his parents. We have not legally seperated, but staying seperately for the past four years.

I have now decided to sell my flat, (clear title in my name). I had applied for NOC from the society, the society has refused to issue NOC as my husband (seperated) has sent a notice stating not to allow sale of flat.

Sir, can anyone advice/help me to know the rules and law in this situation. I am in real need for money as the time is passing my sons health is deteriorating.

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2 Replies

Adv. Chandrasekhar (Advocate) 22 February 2014

It is most unfortunate, madam. The Society has not any legal authority to withhold NOC, if you are holding clear title and there is no financial liabilities from your side to the Society. As there is no court order restraining you to sell the flat and even then the Society is refusing to issue NOC, you move the civil court or the Registrar of cooperative societies, against the Society for issuance of the NOC, immediately.

R.V.RAO (retired) 22 February 2014

society has no legal right to stop you from selling.the flat is in your name,you are absolute owner.i believe the flat is also free hold without any encumbrance /debt pending. in that case,civil court can help you. there are free legal forums in district H.Q which help the needy people.

As your husband is pressurising the society,you can contact his employer/relatives not to create problems for you , as son 's health is common cause for both husband and wife. .