society not issuing provisional NOC in hdfc format
Ritu Dudeja
(Querist) 30 April 2018
This query is : Resolved
I m the seller of a flat in a cooperative society and have no dues. I had taken home loan from icici bank about 10 yrs back and my purchaser is now availing loan from hdfc bank. The hdfc bank has asked for a provisional NOC from the society in draft 10 format which the society is refusing. Firstly, theyvare asking as per bye laws NOC is not required... When I explained them it's a bank mandate they are asking me to clear my icici Loan first and get NOC from icici... How can hdfc disburse loan for me to pay n clear my loan with icici without society NOC which is their mandate.. The society is just not understanding and helping and now wants to visit my icici bank and enquire if they are allowing the society to issue the provisional noc... I m stuck as I don't want to enter into agreement till this NOC is sorted and I want to finish my sale on an urgent basis.... Pls help me
Ms.Usha Kapoor
(Expert) 30 April 2018
Submit a written application to President or secretary for issuance of NOC and wait for sometime. Also file a writ of Mandamus against Registrar of cooperative society.
Dr J C Vashista
(Expert) 30 April 2018
Submit a written application to the President/Secretary of the Society for issuance of "NO DUES" or 'NOC' as per rules and wait for considerable time.
Consult a local prudent lawyer for issuance of legal notice, also address to RCS followed by a writ of mandamus.
Kishor Mehta
(Expert) 30 April 2018
The Society can issue a 'NO DUES' certificate with regards to the dues relating to the Society maintenance etc., However if a lien, of ICICI Bank, is marked on your flat in the records of the Society, it is not in its power to issue a blanket NOC. It is legally bound to inform of all the previous liens existing on the flat.
Kishor Mehta
(Expert) 30 April 2018
Further the Society can issue an NOC, relating only to the Society dues, only in the name of the member as per its records.
Kumar Doab
(Expert) 30 April 2018
You can benefit from above advises..
Also you are right not to enter into agreement till the issues are cleared..
