Noc of society
Querist :
Anonymous
(Querist) 07 August 2011
This query is : Resolved
Dear Sir/Madam ,
I have purchase a resale flat directly from owner,the owner ask for NOC to chairmen and its sectory,but they refused to give.
now what to do as i also require the noc for Bank loan.
according to society chairmen he wants to by that flat why he owner sold us?
please give a suggestion so that i can register sale agreement.
ajay sethi
(Expert) 07 August 2011
1) under model byelaws for sale of flat no NOC of society is required.
2) if however you want an NOC an application has to be made to the society .
3)the society will consider your application only if intimation is given by the seller that he wants to dispose of the flat . once an intimation is given the society is required to give NOC if it is needed
Raj Kumar Makkad
(Expert) 07 August 2011
It is necessary to first go through bye-laws of that society. If there is a provision that any owner of the flat shall first give an option to remaining owners of the flat to purchase and on their failure to purchase such flat, the outsider can be considered. If there is no such agreed term then society s bound to provide NOC if all things are OK. Serve a legal notice in that case.
Querist :
Anonymous
(Querist) 08 August 2011
Dear Mr. Raj,
According to yesterday's discuusion the society chairmen has some personal problems with owner and misusing their rights.
as one of advocate of my flat owner told him to send a letter through post to that secretory of society as he was not accepting letter diretly.
I want to share the thing that there is no any dues of society like maint.etc.as owner paid regularly.he owned the flat since 2004.
I want to know that I can be in problem if I register the agreement with the owner.
ajay sethi
(Expert) 08 August 2011
what is the sense in purchasing flat if society is not going to transfer flat in your name? ask the seller to obtain NOC . do not make payments unless society gives NOC ?
however if u still wan to purchase flat and society refuses to give NOC seller will have to lodge complaint against society and proceed legally against society
Querist :
Anonymous
(Querist) 09 August 2011
Dear Mr.Ajay ,
My parents are intersted in flat ,if I have selectd that flat that time i may cancelled it.also,
5,00,000/- payment been made.out of 15,00,000/- ,going to avail home loan of 10,00,000/-.
for above loan DHFL requires NOC of Society.
Also sir I want to know that what effect the registration will do on entire matter.
1- owner tried to give written intimation but society neglated it they didn't accept.
2- owner going to post his intimation of sale .
3- owner ready to sell us in any case.
plz give suggetion
