Premium fee for noc

Querist : Anonymous (Querist) 13 February 2025 This query is : Resolved
Dear All - Please suggest on below query .my soceity was registered on 15th Jan and soceity handover happened on12th Oct and soceity committee was formed on same day .I purchased my flat in resell on 1st July before committee was formed and flat was transferred on my name o 1st of July And I received my index 2 with my name on 12 July.Also builder gave me NOC for loan transfer before handover . Now(2Dec) I need NOC from soceity to transfer name on tax document .but now committee is asking for 25K and saying then only they will give me NOC .. is it legal that can they ask for premium amount now where as I purchased flat before handover and committee was formed and also this 25K is not passed in any AGM/SGM meetings .
Pls suggest can committee ask the premium without passing law and without any AGM/SGM approval .

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A homeowner is questioning the legality of their housing society demanding a £25,000 premium for a No Objection Certificate (NOC) needed for tax document name transfer. The homeowner purchased the flat before the society committee was formed and the society was officially handed over. Another user suggests that a society cannot demand such a fee for an NOC if the property was acquired before the society's formation and advises consulting a local advocate due to the query's vagueness. However, a further response clarifies that a housing society cannot legally demand money for an NOC for name transfer if the property was acquired before the society's formation, and suggests filing a case with the Registrar if the society insists.

kavksatyanarayana (Expert) 13 February 2025
Your society was formed on 15th Jan, and the society committee was formed on 12th Oct. How? When the society is formed on the same day, the committee will be formed. You purchased the flat in July, so you have to pay the transfer fee, which is a minimum of 2% and a maximum of Rs.25000/-..

T. Kalaiselvan, Advocate (Expert) 14 February 2025
Your query is vague and contradicting hence you may better consult an advocate in the local or revert with proper details.

Querist : Anonymous (Querist) 16 February 2025
Thx for ur response Sir .. 15th Jan soceity was registered but builder didn't give the handover .. till 12th Oct and on 12th Oct only committee wad formed. Flat transition happened in middle on these dates .. which has raised question..should pay premium amount or not ..

T. Kalaiselvan, Advocate (Expert) 16 June 2025
A housing society cannot demand money for issuing a No Objection Certificate (NOC) for a name transfer in tax documents if the property was acquired before the society's formation. Such demands are illegal, and you can file a case with the Registrar or Board of Nominee if the society insists on these charge.
While societies can have rules for membership transfer fees, they cannot demand fees for an NOC if the property was acquired before the society's formation
If a society is demanding illegal charges, you can file a case with the Registrar or Board of Nominee under relevant sections of the Cooperative Societies Act.

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