Society not giving noc
Shailendra Rathi
(Querist) 23 August 2011
This query is : Resolved
Dear All,
I hav done MOU with property owner to purchase his flat in the month of May 2011. As i am taking Home Loan from LIC Housing they want NOC from the society on their Letter Head and in LIC Format. But the Society is not giving the NOC in the name of LIC & in their format.
I hav inquired many financial Institution for Housing Loan and every body requires NOC as it is Resale Property.
Now it is almost 4 Months we hav not done Sale Agreement as NOC is required to Disburse the Cheque.
What is the procedure to take the NOC from Society.
Plz help in this Case.
Regards
Shailendra Rathi 9822469699
ajay sethi
(Expert) 23 August 2011
as per model byelaws adopted in bombay no NOC is required .◦Bye-law No 38 under the Maharashtra Cooperative Societies Act does not list an NOC from the housing society among the documents required to sell a flat. A society that refuses an NOC must give its reasons in writing .
in case member requires an NOC he has to give intimation to society of his intention to sell his flat . he can make an application to society for giving NOC . society in such cases is bound to give nOC within one month
lodge a complaint with registrar cooperative societies
prabhakar singh
(Expert) 24 August 2011
me too agree with Expert : ajay sethi
M V Gupta
(Expert) 26 August 2011
The complaint will have to be filed before the Registrar by the flat owner who is the Memebr of the Society and not by the proposed purchaser as he is not a Memeber.
