Noc from society

SAA_Bombay (Querist) 27 June 2017 This query is : Resolved
My Mother has flat in her sole name. She wants to gift that to me. Our consultant has asked for NOC of society for Gift Deed. Now I have to make payment of X amt to society which is due & is in legal dispute. (Developer was suppose to make payment of property tax till OC which he has not paid & matter is in court, at time of demonetization few members gathered & paid property tax to extent of their share) Now Society is forcing me to make this property tax pymt or else thy will not give NOC to me. Right now, I am facing some financial constraint & hence am not able to make this pymt immediately.
Please guide what can i do?

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Rajendra K Goyal (Expert) 27 June 2017
No NOC from society required for gift deed registration.

Society may force you to clear dues while changing membership in your name.

Sankaranarayanan (Expert) 27 June 2017
Exactly pointed by my learned friend Sri Goyal, maybe because of due clearance they may insist you it

Dr J C Vashista (Expert) 28 June 2017
Very well advised by expert Sh. Rajendra K Goyal, I agree and appreciate.
There is no requirement of NOC from Society for execution and registration of Gift Deed, however, dues of the Society has to be cleared by donor or donee before endorsement of transfer of title.