Purchasing House in co-operative soc

Monil Shah (Querist) 25 March 2010 This query is : Resolved
I have to purchase an house which is a co-operating hsg society.

I wanted NOC from the co-operative society for acquring the house but the secretary said that we cannot give u the NOC as the previous owner has not completed One year till now.He further showed me the bye law where it was written that no person could get the noc if the previous owner has not completed 1 year.

I wanted to know that
1. Whteher co-operative society act says that house cannot be trf before completion of the 1 year.Yes or no
2.If no,Whehter the Co-operative society act has an overidding effect on the bye law of the society.
3.Whether I can take in legal action agagist the society from not giving me the NOC.

Please help me solving the above query

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Kumar Thadhani (Expert) 27 March 2010
YES the NOC cannot be obtained or given if the previous owner has not complied to terms and conditions of completing his tranfers of ownership of that property/flat of period of one year.

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