Noc by coop society for a mortgaged flat

This query is : Resolved 

07 June 2019

A member who owns a flat in CHS is looking for Solvency Certificate. There is a bank Loan outstanding on his flat. He has asked for NoC from the society wherein he doesn’t want the society to mention about the mortgage/loan in the NoC.
Can Society issue NoC without mention of mortgage?
Is the society obliged to mention the bank loan/mortgage if it issues any type of NoC?
Can society refuse to issue NoC if the member insists, ‘not to mention of mortgage’?
Experts, kindly revert and oblige …… Regards

Dr J C Vashista (Expert)
08 June 2019

Society can issue "no dues certificate" but can not provide a "no objection certificate" as sought by you.
The society has no concern with mortgage, solvency or any encumbrance on the flat.
Consult a local prudent lawyer with relevant records for better appreciation, analyses, guidance and proceeding.

Isaac Gabriel (Expert)
09 June 2019

No bar.Lease cum sale agreement issued by the society is sufficient.

R.K Nanda (Expert)
Click to Talk
24 June 2019

nothing to add more.

kalpen (Querist)
24 June 2019

Thanks Everyone who answered my query. I received very valuable inputs from different experts. We believe, taking a conservative view of the situation, would be prudent.
I sincerely appreciate time and attention of experts who gave opinion. Kindly treat this as closed query. ..... Best Regards ......

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