Exorbitant charges demanded for noc

This query is : Resolved 

Querist : Anonymous (Querist)
11 April 2021

Dear Sir/Madam,
My wife purchased a piece of NA land from a cooperative housing society in a village near Gandhinagar at Gujarat in 2011. A sale deed was done between the secretary of the housing society and my wife at SRO Kalol.

Now she intends to sell the property. The buyers lawyer is demanding 7/12, 6, 8A and NOC from the society. The developer who is the secretary of the housing society was approached. His answers are as below
a) 7/12 will have the name of the society and not of the plot owner.
b) He is asking her to sell the property back to her at a cheaper price than the prevailing market price or else pay an exorbitant amount to get a NOC from the society without which she cannot sell the property to anyone.

Please advice how to proceed further.

Thanks in advance.

kavksatyanarayanaOnline (Expert)
11 April 2021

7/12 is in the name of the owner but not of the plot owner. But he cannot demand such an amount to give NOC. Hence you shall verify your sale deed (purchased by your wife) and bylaws of the society. If you have not found regarding the charges for NOC, you shall complain it to the Deputy Registrar/other Officer of the Cooperative House Building Societies of your District by Registered Post.

ashok kumar singhOnline (Expert)
12 April 2021

Very truly viewed by earlier expert on your query. you may lodge appropriate complaint with your concerned local police station.
ashok kumar singh, advocate

Hemant AgarwalOnline (Expert)
12 April 2021

1. You can file a Police FIR, requesting investigation and charge-sheet, for various offences like Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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