Noc for sale of flat

pinky (Querist) 11 February 2013 This query is : Resolved
We intend to sell our flat within the next 2-3 months. I am aware that NOC is not mandatory for sale of flat. But most of the purchasers are insisting on an NOC. Though we have a clear title and all our maintenance bills are up to date. The purchaser thinks that maybe something is wrong so we are not willing for an NOC. Sois it compulsory for me to approach the Secretary for NOC

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c n vittal rao (Expert) 11 February 2013
The purchaser in prudence will always ask for NOC. It is not compulsory by law but
the byelaws of the society may include a condition that prior issue of NOC is necessary. To avoid complication to both buyer and seller please apply and obtain the NOC. This should not be difficult as you say you are up to date on all due payments to your society/association.

Devajyoti Barman (Expert) 11 February 2013
NOC of whom is sought for.
In WB there is no such requirement in law nor insisted for.

Hemant Agarwal (Expert) 12 February 2013
1. IF the Society is in Maharashtra, THEN under the bye-laws, form no. 20(1) and form no. 20(2) alongwith a application for a No Objection Certificate (NOC) may be applied for.

2. The new purchaser is always apprehensive that the Society may hinder the Transfer of Membership. Hence this NOC from the Society serves as a lawful defence to the new purchaser for transfer of membership, in the event if the Society later on tries to harass the new purchaser.

3. On a written application, IF the society refuses to issue an NOC, THEN the existing member may file a Consumer Court complaint, for "deliberate and malicious" negligence and harrassment, which yields positive results.

4. Most of the Coop. Societies are a gheto of nefarious & power-hungry arrogant people, with a sadistic attitude to endlessly keep on harassing the existing and the new proposed member. Hence it becomes obivious that the new purchaser will defintely insist for a NOC (now re-read point no. 2 above)

Keep Smiling .... Hemant Agarwal